Tuesday, December 8, 2009
Carol Loeb Schloss writes about her years-long battle with the Joyce estate, and the assistance she received from Lawrence Lessig and the Stanford Law School Center for Internet and Society's Fair Use Project, and others. While she eventually won her lawsuit, she has concerns about the rights of other scholars. Says Professor Schloss in part.
[M]y legal victory obscures several major questions that should concern every humanities scholar on American college campuses. What role should colleges play in protecting their faculty in potential copyright disputes? Why should copyrights, when they are generated by faculty members, be excluded from university risk-management policies? Why does a special Fair Use Project like the one at Stanford have to exist at all? The underlying lack of protections exposed by this case indicates that humanities scholars throughout the country would benefit from a restructuring of university risk management.