Transcript Joint Committee of the Higher Education and Entertainment

Joint Committee of the
Higher Education and
Entertainment Communities
John C. Vaughn
Executive Vice President
Association of American Universities
November 8, 2003
Joint Committee of the Higher Education Entertainment and
Communities
Higher Education Members

Graham Spanier (co-chair), President
The Pennsylvania State University

Molly Corbett Broad, President
University of North Carolina

John L. Hennessy, President
Stanford University

Charles Phelps, Provost
University of Rochester

Dorothy K. Robinson, Vice President and
General Counsel
Yale University
Staff



Mark Luker, Vice President
EDUCAUSE
Shelley Steinbach, Vice President and
General Counsel, American Council on
Education
John Vaughn, Executive Vice-President
Association of American Universities
Entertainment Industry Representatives

Cary Sherman (co-chair), President
Recording Industry Association of America

Roger Ames, Chairman and CEO
Warner Music Group

Matthew T. Gerson, Senior Vice President,
U.S. Public Policy and Government Relations
Vivendi Universal Entertainment /Universal Music Group

Sherry Lansing, Chairman
Paramount Pictures

Irwin Z. Robinson, Chairman & CEO
Famous Music

Jack Valenti, President and CEO
Motion Picture Association of America
Staff

Fritz Attaway, Executive Vice President Government
Relations and Washington General Counsel
Motion Picture Association of America

Mitch Glazier, Senior Vice President, Government
Relations and Legislative Counsel
Vivendi Universal

Barry Robinson, Senior Counsel for Corporate Affairs
RIAA

Jonathan Whitehead, Vice President and Anti-Piracy
Counsel
RIAA
Committee purpose
1.
seek ways to reduce the inappropriate use
of P2P technology without compromising
important academic values and practices,
invading privacy, or limiting the legitimate
uses of P2P,
2.
identify and seek to reduce differences
between higher education and the
entertainment industry on federal intellectual
property legislation.
Education task force

Two papers related to P2P and copyrighted
works
 A white
paper - Background Discussion of Copyright
Law and Potential Liability for Students Engaged in
P2P File-sharing on University Networks - created for
colleges and university administrators on copyright
law and potential liability for students engaged in P2P
file sharing on university networks (completed and
distributed)
 A paper
providing a range of examples of useful
practices for educating students, faculty, and staff
about appropriate and inappropriate uses of
copyrighted works and P2P technologies (to be
completed soon)
Technology task force

Two projects
 request
for information from technology vendors on
technologies for network management - Technology
Opportunities for Addressing Issues Associated with
Peer-to-Peer File Sharing on the University and
College Campus → descriptive report on
technologies that monitor or manage P2P use,
 request
for information from legitimate online music
delivery services - Opportunities for the Online
Distribution of Music, Movies, and other Digital
Content on the University and College Campus →
descriptive report on services → pilot projects.
Network Management Report

20 responses received from technology
companies

Report released at EDUCAUSE
conference (November 4-7)
Pilot Projects for Online Music
Delivery Services

goal of projects is to explore ways that services
can be adapted to the campus environment and
displace unauthorized P2P file sharing,

each pilot project will pair a college or university
with an online music vendor to carry out a pilot
test based on terms they mutually develop.
Pilot Survey

40+ universities invited to participate in
pilot project, 16 have responded to date:
14 yes, 1 no, 1 separately engaged

12 online delivery services have
responded
Legislative task force

explore current and expected legislation of
interest to higher education and the
entertainment industry, identify areas of
agreement and disagreement, and seek
ways of eliminating or narrowing
disagreements.
Example: HR 2517, the Piracy Deterrence and Education Act

directs FBI, in consultation with Copyright Office, to develop program to
deter copyright infringement over the Internet including “issuing appropriate
warnings to individuals engaged in acts of copyright infringement…that they
may be subject to criminal prosecution,”

calls for service providers—including universities—to work with law
enforcement officials in monitoring and reporting roles explicitly proscribed
in the Digital Millennium Copyright Act,

calls for Justice Department to establish “Internet Use Education Program”
to educate the public about copyright and Internet transactions involving
copyrighted material,

as part of program, Justice directed to “coordinate and consult with the
Department of Education on compliance by educational institutions with
applicable copyright laws involving Internet use” and similarly coordinate
and consult with Department of Commerce on Internet copyright compliance
by corporations.
Broader Issues and Concerns


Legal vs. ethical considerations
 the
public responsibilities of universities
 the
Sony Betamax case
Copyright Law, academic practices, and
evolving public policy