Students who operate their own Web sites within the UNM service network better think twice before they post copyrighted material such as music, cartoons or pictures.
The same goes for UNM faculty and staff says Robert Bienstock, senior associate University counsel for UNM's Research and Intellectual Property Legal Services.
"We get involved there," Bienstock said. "UNM doesn't police these, but we do get complaints from copyright holders."
If that happens, Bienstock said, the University is required by federal law to take action.
The Digital Millennium Copyright Act of 1998 was enacted by Congress to protect Internet Service Providers, such as UNM, America Online and MSN, from being sued because their users post copyrighted material, Bienstock said.
When such an infraction occurs and is brought to the attention of the provider, the act states that it must investigate the claim and determine if an infringement has occurred.
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"That eliminates the risk of UNM being sued for something faculty or students post on their Web sites," Bienstock said.
Bienstock said that if a copyright holder approaches the University with a claim of illegally posted copyright material, the claim would be investigated by asking the alleged offender to provide a counter argument.
But, Bienstock says, in about 90 percent of the cases the University allows such material to stay posted because the holder cannot prove their cases by proving each requirement of the act has been violated.
The issue of ensuring that University Internet Services comply with copyright laws is only one of the many responsibilities Research and Intellectual Property Services has.
Research conducted by the University is subject to several federal and institutional standards and laws, and it is Bienstock's office that is required to make sure those requirements are met.
Nearly a quarter of UNM's budget, which this year is more than $1 billion, goes toward research.
Contracts with outside constituents to conduct research with University students and employees are also a major area of focus for the legal office. The office also helps make sure researcher's work complies with new laws, and that it is legally protected.
"We spend a lot of time fighting with companies," Bienstock said.
That conflict often comes when parties involved try to decide what to do with the product of that research.
Bienstock said many companies want to privatize and market that research but he added, if it was produced through University work, it belongs to the University to use as it sees fit. The purpose of that is to provide further educational opportunities to future students and researchers.
Research and Intellectual Property Legal Services also police and defend claims for and against patents the University owns.
Bienstock said the University is currently involved in defending one of its patents before the United States Patent office.
Fordham University in New York has filed an administrative proceeding, similar to a lawsuit, against UNM for what it claims to be material patented by UNM that it had copyrighted first.
"It involves certain biological materials and methods of purification," Bienstock said. He added that since it is pending litigation, he could not discuss the matter in-depth, but that if UNM loses the case, it will lose the rights to the patent.
Bienstock's office also provides assistance, training and legal advice in the realm of intellectual property law.
Faculty can contact the office or visit its Web site to find information about copyrighted materials to use in course packets, distance learning, class presentations and software used in the classroom.
The role his office plays is an increasingly common one in large research institutions across the nation. With University-sponsored research technology making major contributions to several industries, Bienstock's office will continue to protect the intellectual and research work of its students and faculty.
"That goes back to why we are here - education," Bienstock said.
