PURPOSE:
The purpose of the Copyright Infringement Policy is to comply with copyright law for the use of copyrighted material on the institution’s computers and network. In addition, this policy seeks to make aware to all users the seriousness, as well as possible consequences, for unauthorized use of copyrighted material. It is illegal and may be subject to civil and criminal liabilities. For example, the copying/downloading/uploading of copyrighted materials (i.e. music) to other media (i.e., CD’s, USB storage drives, hard drives, other storage media, cloud servers, and networks) from peer-to-peer networks is against the law. If users do not own the copyright, distribution of such copyrighted works should not occur.
It is the policy of the institution to comply with all copyright laws. All faculty, staff, and students are expected to be aware of and follow these requirements. Any member of the campus community practicing unauthorized use or distribution of copyrighted material will be subject to sanctions by the institution up to dismissal from the institution or termination of employment. Individuals would also be subject to Federal criminal offenses for copyright law violations.
The institution annually informs students regarding copyright laws, institutional policies related to unauthorized distribution of copyrighted materials using institutional information technology systems, civil and criminal liabilities for violations, and legal alternatives for obtaining copyrighted content, in accordance with applicable federal law.
DEFINITIONS:
What is Copyright?
“Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
- In the case of sound recordings, to perform the work publicly by means of a digital audio
transmission."
“In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, ‘Copyright Registration for Works of the Visual Arts.’
“It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of ‘fair use,’ which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a ‘compulsory license’ under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.”
What is the Digital Millennium Copyright Act (DMCA)?
The Digital Millennium Copyright Act, H.R. 2281, was enacted into law on October 28, 1998. This act amended the copyright law to provide regulations for works cited via the World Wide Web (the Internet). Click here to review an online copy of this act.
DMCA Takedown Procedures
Upon receipt of a valid copyright infringement notice, the institution may remove or disable access to the allegedly infringing material pending investigation. Repeat violations may result in disciplinary action up to and including termination of employment, dismissal from academic programs, or loss of access to institutional technology resources.
What is Infringement?
An infringement is “a violation of a law, regulation, or agreement; a breach.” It is an “encroachment, as of a right or privilege.”
SCOPE:
Copyright is an issue of particular seriousness because technology makes it easy to copy and transmit protected works over our networks. While the institution encourages the free flow of ideas and provides resources such as the network to support this activity, we do so in a manner consistent with all applicable laws. The institution does not condone the illegal or inappropriate use of material that is subject to copyright protection.
WHAT KINDS OF ACTIVITIES VIOLATE FEDERAL LAW?
The following are some examples of copyright infringement that may be found in an educational setting:
- Unauthorized downloading, uploading, streaming, copying, sharing, posting, distributing, or storing copyrighted works through institutional systems or networks may constitute copyright infringement.
- Learning Management System (LMS) misuse, such as uploading textbook PDFs into the LMS without authorization, sharing publisher test banks, posting instructor-created course materials outside the course, recording and redistributing lectures without permission, or uploading copyrighted videos to course sites without appropriate rights
- Using corporate logos without permission.
- Placing an electronic copy of a standardized test on a department's website without permission of the copyright owner.
- Enhancing a departmental website with music that is downloaded or artwork that is scanned from a book, all without attribution or permission of the copyright owners.
- Scanning a photograph that has been published and using it without permission or attribution.
- Placing a number of full-text articles on a course web page that is not password protected and allowing the web page to be accessible to anyone who can access the Internet.
- Downloading licensed software from non-authorized sites without the permission of the copyright or license holder.
- Making a movie file or a large segment of a movie available on a website without permission of the copyright owner
ARTIFICIAL INTELLIGENCE (AI) DIGITAL CONTENT:
Users are responsible for ensuring that materials submitted to or generated through artificial intelligence tools, cloud storage platforms, websites, learning management systems, and other digital technologies comply with applicable copyright laws and licensing requirements.
COMBATTING THE UNAUTHORIZED DISTRIBUTION OF COPYRIGHTED MATERIAL:
The institution may monitor and manage institutional information technology resources as permitted by law and institutional policy. Monitoring activities may reveal violations of copyright law or institutional policy, which may result in disciplinary action or referral to appropriate authorities. In the process of doing that work, institutional staff may become aware of violations of the law or institutional policy. If violations are discovered or suspected, institutional personnel may report infringement to appropriate authorities or take other action, including, but not limited to: warning the user, removing the material, or terminating access to the material. Any member of the campus community practicing unauthorized use or distribution of copyrighted material will be subject to sanctions by the institution up to dismissal or termination of employment. Individuals would also be subject to Federal criminal offenses for copyright law violations.
LEGAL ALTERNATIVES:
The institution offers legal alternatives to illegal downloading. A list of sites for legal downloading: Educause—Legal Content
SUMMARY OF CIVIL AND CRIMINAL PENALTIES FOR VIOLATION OF FEDERAL COPYRIGHT LAWS:
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Civil remedies and criminal penalties for copyright infringement are governed by Title 17 of the United States Code and may include monetary damages, attorneys' fees, injunctions, fines, and imprisonment.
For more information, please see the Website of the U.S. Copyright Office, especially their FAQ's.
COPYRIGHT CONTACT
Copyright infringement issues or concerns should be reported to:
Ashley Marra, Assistant Legal Counsel
3280 University Ave., Suite 6
Morgantown, WV 26505
Email: ashley.marra@wvjc.edu