Copyright policies at American research universities: Balancing information needs and legal limits.

摘要

Copyright policies at institutions of higher education limit the use of information resources needed for teaching, research, and service. Yet these policies often have the primary objective of avoiding potential liabilities, rather than fostering optimal information uses. Thus, copyright policies may be more restrictive than the law actually requires, and their relationship to the university's academic mission is often overlooked.; Based on surveys of legal counsel and university library directors at ninety-eight research universities, and on extensive telephone interviews, this dissertation analyzes the content and development of 183 such policy statements on issues from photocopying to uses of software, videotapes, and musical works. It also examines the historical roots of copyright interpretations. The dissertation analyzes universities as "information systems" that process information to advance academic objectives. Constraints on information flow, such as by copyright limits, hinder fulfillment of the university's mission.; Major findings include: University copyright policies respond primarily to environmental threats, rather than to internal needs for optimal information uses. Strict interpretations of fair use privileges overwhelm more lenient standards. Policy-makers sacrifice academic needs for the perception of "legal compliance" and are more concerned about avoiding liability than exercising the full potential of fair use. Universities look primarily to prominent and narrow model guidelines, especially guidelines appearing in congressional reports and promoted through well-publicized litigation, such as the 1983 lawsuit settlement with New York University. Policy-makers forgo innovation in exchange for stereotyped solutions. Faculty have a negligible role in policy-making. Librarians write policies for library applications, and they usually adopt the most restrictive standards. Administrators and legal counsel write virtually all policies with university-wide application. The dissertation reveals the susceptibility of universities to external influence and underscores policy alternatives to better serve academic objectives.