FREE MIT COURSE MATERIALS RAISE IP QUESTIONS - Making course materials, available via the Internet at no cost, was a recent groundbreaking initiative implemented by MIT. Legal scholars are saying, however, that this effort poses a challenge to the traditional notion of intellectual property in the academic world. The American Association of University Professors suggests that if faculty members are mandated by the university to place their works on the Web and are using university tools to do so, the university should be able to make a claim for co-ownership of that intellectual property. (National Law Journal, 23 July 01)

US DECISION ON ELECTRONIC PUBLISHING COULD HAVE WIDESPREAD IMPACT - The US Supreme Court ruled on June 25 that media companies must secure freelance writers' permission to republish their articles in electronic format. The ruling arose from the lawsuit of Jonathan Tasini, president of the National Writers Union against the New York Times. Mr. Tasini argued that online versions of freelance articles are in fact new editions, and therefore require their authors' approval. The New York Times responded that such online versions were simply "revisions" and therefore not subject to the authors' approval.

Seven out of nine judges sided with Mr. Tasini, and their decision could have a significant impact on the content, availability and pricing of electronic databases such as LEXIS-NEXIS, that republish freelance newspaper and magazine articles. Freelance articles may have to be deleted from online and CD-ROM databases, or the publishers of these databases may have to negotiate agreements and compensation with authors, which would likely mean increased subscription prices for already straitened library budgets. While most libraries would still be able to provide access to freelance literature through microfilm and interlibrary loan, the convenience of instant online access that many students and faculty have come to enjoy and expect may be in jeopardy. For more information see the June 26 article in the Chronicle of Higher Education at: http://chronicle.com/free/2001/06/2001062601t.htm (NETWORKING 11 Jul 2001)

THE HOUSE FINDS ITSELF DIVIDED OVER FURTHER BROADENING OF COPYRIGHT EXEMPTIONS - At a recent House hearing on S. 487. the issue of broadening copyright exemptions for online educational use came up for a new round of debate. Rep. Rick Boucher, a Virginia Democrat, proposed a separate bill, H.R. 2100, that would also extend the fair-use exemption to public libraries that offer online education. Howard Coble, the North Carolina Republican who is chairman of the Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property, said he did not want to see any changes to S. 487, which has already been passed by the Senate. "I would rather go with this bill," he told the Chronicle of Higher Education after the hearing. "It appears to have the satisfaction of the players at the table." Marybeth Peters, the registrar of copyrights, said at the hearing that the Senate bill seemed to be the one most parties could agree on. "The parties, including libraries, sat down and decided on this bill," she told the Chronicle. "My goal is to see that this bill gets enacted." House action on the bill is expected in the near future. Read more on the Chronicle website at: http://www.chronicle.com/free/2001/06/2001062801u.htm (E-News From UCEA, #45, 10 Jul 01)