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Copyright Law Update: The Courts Have Spoken

Tuesday, November 5 at 1:00 PM
Des Moines University, Student Education Center (SEC) 115, Des Moines, IA, 50312 Show Map

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Learn what DMU has the right to use and how you can use it in your classrooms and libraries.

Copyright has become more prominent and problematic in recent years, as court decisions, changes in technology, and efforts by industry players all affect the ability of colleges and universities – and your students – to access, create and share intellectual property.

Copyright holders have vigorously challenged the rights of institutions to use copyrighted content in certain ways and institutions have, for the most part, succeeded in defending their decisions – but not before complex and expensive, drawn out legal battles.

Learn an overview of copyright, including rights of the author or owner of the work, Fair Use, First Sale, the TEACH Act, and other critical details. Get an analysis of recent cases, as well as an interpretation of how those cases dovetail with modern teaching and learning techniques. And, finally, you will understand some defenses certain institutions maintain to claims of copyright violation.


  1. How Fair Use is a powerful tool to share reasonable amounts of copyrighted material for academic purposes, provided certain rules are followed.
  2. How recent cases can be read to empower colleges to accomplish their goals using certain copyrighted works.
  3. Where Fair Use is not available, but licensing may be.
  4. What are the slight differences for public and private institutions in defending actions for copyright violations.
  5. What the Kirtsaeng case means for the First Sale doctrine as applied to your students, faculty and library.
  6. How to balance respect for copyright (colleges and universities are major creators of intellectual property after all) with modern requirements and teaching methods.
  7. How to reduce costly legal challenges that eat up valuable institutional resources.


Joseph Storch

Associate Counsel in the State University of New York Office of General Counsel and the Chair of the Student Affairs Practice Group

In addition to representation of four SUNY colleges, Joe concentrates his practice in student affairs and intellectual property. He has presented on copyright and intellectual property issues for the National Association of Attorneys General, at several EDUCAUSE national and regional conferences, at the Cornell University Institute for Computer Policy & Law, and at the SUNY Counsel on University Advancement, Library Officers Association, and SUNY Technology Conferences. Joe’s research looks at the impact of new technologies on traditional copyright law, and the confluence between copyright law and research on behavior. He is the author of several law review articles on copyright, and his writing on copyright has appeared in the Chronicle of Higher Education, Inside Higher Ed, the Albany Law Review, and as a NACUA Note.