1. A Forum on Copyright Compliance in Education May 23, 2011

2. Upcoming Courses Three courses from LicenseLogic in Grand Rapids, MI, June 28-30 Certified Software Manager Advanced Software Manager Software Compliance Audit Workshop More info: merit.edu/learning/csm2 learning@merit.edu

3. Copyright Compliance in Higher Education Presented by Adam Ayer, CSM, ASM, CCRM President, LicenseLogic, adam@licenselogic.com www.licenselogic.com

4. Compliance in Higher Education It’s difficult in an educational environment Basics of the copyright law Most software is protected by the copyright law Copyright holder has rights, end-user rights dictated typically by license agreement Penalties for infringement Awareness – Education – Enforcement Policies Procedures Knowing one is compliant means one knows what they have… opportunities typically follow

5. Know the Law as it Relates to Universities Copyright law does have some additional “special situations” for Schools and Universities TEACH Act Teachers can display and perform works such as movies Entire Movie in class, but only portions for distance learning Requirements include the implementation of a copyright policy, and security controls on access and storage Educational Institutions must carefully adhere to all the applicable requirements if they wish to take advantage of the exemption

6. Know the Law, continued Fair Use “Defense” Four Factor Test The purpose and character of the use The nature of the copyrighted work The amount and substantiality of portion used in relation to the copyrighted work as a whole The effect of the use upon the market for, or value of, the copyrighted work

7. …Awareness – Education - Enforcement Spreading knowledge and awareness are the keys to managing licenses and compliance Know students may understand, but without penalties in place may choose to ignore Same goes for faculty & staff There are some exemptions to the copyright law, know those exemptions and prepare accordingly for any “excuses” Know the end goal, and make sure others know what that end goal is as well

8. Strategies for Awareness and Education @ a University Labs, labs, labs – Great place for awareness and a great place to be aware of the licenses Not all licenses can go in the lab environment Awareness strategies in the lab: reaches students and teachers Posters to webinars to face-to-face Students and professors Awareness @ Internal Expos and Conferences Learning Management System requirements for compliance AND procurement Schools may tire of “cops”, but not savings Teach how to procure properly

9. Grants, Departments and Businesses… OH MY! Grants Their Money! Educate on saving money Department Heads need reminders They are busy and licensing is usually the least of their concerns Businesses and “Partner” projects Lay out the ground rules on licensing Collaboration situations

10. Special License Agreements Don’t think you can’t negotiate Academic pricing and beyond Take advantage of concurrent licenses, but only if you can via the necessary tools to measure properly Let the publisher know you will vouch for them if they provide good service Never start off thinking you are “entitled” because you are a school Always go for the win-win

11. Open Source Licensing Collaboration “Affordable” Products vary Time Licensing issues? Open Source may be an option, but be careful. Think like a business and consider time and quality.

12. Experiment with New Licensing and Licensors Virtualization in Academia Lab Licenses SaaS Odd licenses – licenses in special environments and needs may special attention Know thy license and be prepared to write it! Some departments may be buying from small vendors Opportunity to work on craft of negotiations Investigate thoroughly “shared” licenses with other organizations

13. Overview Higher Education is a unique beast Students to Faculty to Culture – Be Prepared Compliance is not easy, but an ongoing obtainable objective Collaboration is possible and may be well worth the effort, but draw out the lines and know the concerns May already get good pricing, but always look ahead AE Squared – Awareness, Education and Enforcement Be a RESOURCE and a COP only when necessary

14. Upcoming Courses/Contact Info Great courses coming to Grand Rapids (June 28-30) Certified Software Manager Advanced Software Manager Software Compliance Audit Workshop More info: merit.edu/learning/csm2 Adam Ayer LicenseLogic.com adam@LicenseLogic.com P: (202) 789-4445