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