John Patrick University of Health and Applied Sciences recognizes the importance of copyright protection and has developed this policy to effectively combat copyright infringement through informing University IT Resource Users about the issue, sanctions for illegal actions, and options for legal file-sharing.
COPYRIGHT
Copyright is the legal protection of intellectual property. This includes, but is not limited to literary works, artistic works including drama, music, and film, multi-media, and peer-to-peer file sharing. Copyright infringement occurs when individuals exercise rights that are exclusive rights to the copyright owner. Activities that constitute copyright infringement include:
- Downloading and sharing music, videos, and games the individual does not have the rights to
- Using corporate logos without permission
- Placing and electronic copy of a standardized test without permission from the copyright owner
- Including music, scanned artwork or a scanned photo from a book on a website without attribution or permission from the copyright owner(s)
- Placing full-text articles on a website that is not password protected
- Downloading licensed software from non-authorized sites without permission of the copyright owner or license holder
- Placing a movie or a large segment of a movie available on a website without permission from the copyright owner
- Unauthorized peer-to-peer file sharing
SANCTIONS
The unauthorized distribution of copyrighted material, including peer-to-peer file sharing, may subject an individual to civil and criminal liabilities. Possible penalties for copyright infringement include:
- Payment of actual damages or statutory damages no less than $750 and no more than $30,000 per work.
- The court may award up to $150,000 per work for willful infringement as well as attorney’s fees and other associated costs.
- The court may also assess criminal penalties for willful infringement including up to five years in jail and up to $250,000 per offense.
Resources for additional information include Title 17, United States Code, Sections 504 and 505 and the U.S. Copyright Office website at http://www.copyright.gov.
ENFORCEMENT
John Patrick University of Health and Applied Sciences makes an effort to prevent and detect copyright infringement as well as respond promptly to copyright infringement claims. John Patrick University of Health and Applied Sciences informs students, faculty, and staff of the Copyright Infringement Policy. In addition, the Appropriate Use Policy for IT Resources outlines that no resources are to be used for any illegal activity.
John Patrick University of Health and Applied Sciences will respond promptly to legitimate copyright infringement notices and operate within the requirements of the Digital Millennium Copyright Act.
John Patrick University of Health and Applied Sciences will cooperate fully with any investigation by public authorities related to copyright infringement. Students found guilty will be subject to the full extent of penalties allowed by law as well as possible suspension from their program of study.
OPTIONS FOR LEGAL FILE-SHARING
The following website provides information on online service providers that allow users to acquire copyrighted material legally such as Amazon and Pandora: http://www.educause.edu/legalcontent.
ANNUAL DISCLOSURE
The University feels an awareness of the issue and alternatives to prevent copyright infringement are the best ways to prevent copyright infringement. The University publishes the Appropriate Use Policy for IT Resources and the Copyright Infringement Policy to new students during the orientation process and annually on the main campus website. The University also has these policies published on the public website.
MAINTENANCE OF THE POLICY
John Patrick University of Health and Applied Sciences will periodically review this policy to evaluate its effectiveness and provide relevant and necessary information to assist in preventing copyright infringement.