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Infringement
of Intellectual
Property Rights
Policy
I. Introduction
The Digital
Millennium Copyright
Act (DMCA) amends
federal copyright
law to provide
certain liability
protections for
online service
providers, when
their computer
systems or networks
carry materials
that violate (infringe)
copyright law.
To qualify for
liability protection,
the University
is required to
have a policy under
which the computer
accounts of users
will be terminated
if they repeatedly
infringe the copyrighted
works of others.
The objectives
of this policy
are to minimize
liability while
also providing
support for the
activities of faculty
and staff. In the
context of copyright
and other intellectual
property, this
means that the
Chief Information
Officer should
be advised as soon
as possible of
any suspected infringement.
As is feasible,
the Chief Information
Officer will work
with the university
content provider
to establish any
defenses. However,
if there is inadequate
information to
provide a defense,
or it appears that
no defense exists,
the best route
to minimize university
damages will be
prompt removal
of the allegedly
infringing material.
II.
Policy Statement
Compliance with
federal copyright
law is expected
of all students,
faculty, and staff
at East Tennessee
State University.
"Copyright"
is legal protection
for creative intellectual
works, which is
broadly interpreted
to cover just about
any expression
of an idea. Text
(including email
and Web information),
graphics, art,
photographs, music,
and software are
examples of types
of works protected
by copyright. The
creator of the
work, or sometimes
the person who
hired the creator,
is the initial
copyright owner.
You may "use"
all or part of
a copyrighted work
only if (a) you
have the copyright
owner's permission
(in writing—either
email or letter),
or (b) you qualify
for a legal exception
(the most common
exception is called
"fair use").
"Use"
of a work is defined
for copyright purposes
as copying, distributing,
making derivative
works, publicly
displaying, or
publicly performing
the work.
Copying, distributing,
downloading, and
uploading information
on the Internet
may infringe the
copyright for that
information. Even
an innocent, unintentional
infringement violates
the law. Violations
of copyright law
that occur on or
over the University's
networks or other
computer resources
may create liability
for the University
as well as the
computer user.
Accordingly, repeat
infringers are
subject to the
appropriate disciplinary
review procedures
as set in forth
disciplinary policies
for students, faculty
or staff. Violations
of law may also
be referred for
criminal or civil
prosecution.
The University
has a legal duty
to insure that
official web sites,
official email,
and other official
communications
and expressions
do not violate
the intellectual
property rights
of third parties.
The most common
intellectual property
rights found on
the Internet involve
copyright and trademark/service
marks.
"Official"
web sites and communications
include those that
are funded or otherwise
sponsored by the
University for
a university purpose,
or which are created
by an employee
or agent of the
University who
is acting within
the authorized
scope of employment
or agency on behalf
of the University
(e.g., posting
course materials
on the web for
educational use
of enrolled students).
Removal of official
university content,
especially course
materials, can
be harmful to academic
freedom, to teaching
effectiveness,
and to the University's
educational mission.
Therefore, faculty
and staff are encouraged
to secure copyright
permission, a license,
or a legal basis
for use of someone
else's intellectual
property, before
using the material.
III.
Procedures
A. Notice and
Counter Notice
for material that
may infringe on
Intellectual Property
Rights
Notice: A copyright
owner, or person
acting for the
owner, must provide
the University's
designated agent,
the Chief Information
Officer, with written
notice that information
residing on the
University's computer
systems or networks
is an infringement
of the copyright.
The notice requirement
also applies to
information in
system cache and
to information
location tools
(e.g., hypertext
links) that infringe
copyright.
[Note: if a
person working
for the University
has independent
knowledge of a
copyright violation
on a University
computer system
or network, the
University may
have a duty to
remove the infringing
material. This
is true even if
there is no "notice"
from the copyright
owner. Therefore
that person should
report the violation
to the Chief Information
Officer as soon
as possible.]
The University
has "notice"
of possible infringement
when a third party
advises a university
official that there
is an infringement,
or when it appears
to a university
official that material
is likely to be
infringing based
on the circumstances
(e.g., copies of
nationally syndicated
cartoons appear
on a university
web site without
any statement of
copyright permission).
When the University
has notice of a
possible intellectual
property infringement
in official university-provided
content, it will
in good faith:
• Attempt
to establish who
truly owns the
copyright (or other
intellectual property)
through consultation
with the author
of the University
content and the
party claiming
ownership.
• Attempt
to determine if
any legal defense
(e.g., "fair
use") exists
to allow the material
to be used by the
University.
• Attempt
to negotiate a
permission or settlement
if it appears that
the content is
infringing or if
it appears that
settlement is preferable
to litigating an
unclear claim.
If permission or
settlement is not
feasible and it
appears that the
material is infringing,
the University
will promptly remove
the material and
the designated
agent will notify
the computer user
and the person
who complained
of infringement.
• Determine
if any disciplinary
action is appropriate
against the person
who posted infringing
content. In the
case of repeated
infringement or
bad faith infringement,
disciplinary action
may include suspension
or termination
of computing privileges,
disciplinary review,
termination of
employment, and/or
legal action.
IV.
The TEACH Act
The Technology,
Education, and
Copyright Harmonization
Act (TEACH) of
2002 updated federal
copyright law to
facilitate digital
education use of
materials without
requiring copyright
permission, subject
to several conditions.
TEACH says it is
not copyright infringement
for teachers and
students at an
accredited, nonprofit
educational institution
to transmit performance
and displays of
copyrighted works
as part of a course
if certain conditions
are met. If these
conditions cannot
be met, permission
from the copyright
holder must be
obtained.
What is permitted:
Performances of
non-dramatic literary
works or performances
of non-dramatic
musical works or
performances of
reasonable portions
of any other work
or display of any
other work in an
amount comparable
to that typically
displayed in a
live classroom
setting.
What is not
permitted: Digital
education works
(works produced
or marketed primarily
for performance
/ display as part
of mediated instructional
activities transmitted
via digital networks)
or unlawful copies
(copies you know
or reasonably should
know were not lawfully
made or acquired).
When can copyrighted
materials be used:
By, at the direction
of, or under the
actual supervision
of an instructor,
and as an integral
part of a class
session, and as
part of systematic
mediated instructional
activities, and
directly related
and of material
assistance to the
teaching content.
How can the
materials be used:
Transmission made
solely for and
reception limited
to (as technologically
feasible) students
enrolled in that
course, and downstream
controls instituted:
technological measures
that reasonably
prevent retention
in accessible form
for a class session
and unauthorized
further dissemination
in accessible form,
and no interference
with the copyright
holder’s
technological measures
that prevent such
retention and dissemination.
Institutional
requirements: The
institution must
promulgate copyright
policies and provide
information about
copyright and promote
copyright compliance
and provide notice
to students that
course materials
may be copyrighted.
Questions regarding
this policy and
notice of any possible
infringement should
be directed to:
Chief Information
Officer
Office of Information
Technology
East Tennessee
State University
Box 70558
Johnson City, TN
37614
423.439.6431
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