1. Joint Committee of the Higher Education and Entertainment Communities John C. Vaughn Executive Vice President Association of American Universities November 8, 2003

2. 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

3. 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.

4. 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)

5. 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.

6. Network Management Report 20 responses received from technology companies Report released at EDUCAUSE conference (November 4-7)

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.

8. 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

9. 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.

10. 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.

11. 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