Copyright Infringement Policy
Copyright Law, the Illegal Use of File Sharing Programs, School Policies and Procedures for Handling Violations
This document is intended to explain the policies and procedures Jung Tao School of Classical Chinese Medicine follows in responding to notifications of alleged copyright infringements on the school’s network.
WHAT IS COPYRIGHT?
Copyright is legal protection of intellectual property, in whatever medium, that is provided for by the laws of the United States to the owners of copyright. Types of works that are covered by copyright law include, but are not limited to, literary, dramatic, musical, artistic, pictorial, graphic, film and multi-media works. Many people understand that printed works such as books and magazine articles are covered by copyright laws but they are not aware that the protection extends to software, digital works, and unpublished works and it covers all forms of a work, including its digital transmission and subsequent use.
WHAT IS THE CURRENT LAW CONCERNING DIGITAL COPYRIGHT?
The Digital Millennium Copyright Act (DMCA), signed into law in 1998, recognizes that digital transmission of works adds complexity to the Copyright Law. The DMCA provides non-profit educational institutions with some protections if individual members of the community violate the law. However, for Jung Tao School to maintain this protection, we must expeditiously take down or otherwise block access to infringing material whenever it is brought to our attention and whether or not the individual who is infringing has received notice.
DMCA infractions can result in serious consequences regarding activities of faculty, graduate students, or staff who are performing teaching or research functions if the university has received more than two notices of infringement against an individual within a three-year period.
Universities and individuals can be subject to the imposition of substantial damages for copyright infringement incidents relating to the use of University network services. In a civil action, the individual infringer may be liable for either actual damages or statutory damages of up to $30,000 (which may be increased to up to $150,000 if the court finds the infringement was willful). In addition, individual infringers may be subject to criminal prosecution. Criminal penalties include up to ten years imprisonment depending on the nature of the violation.
In addition, the Higher Education Opportunity Act (HEOA) of 2008 requires all U.S. colleges and universities deal with unauthorized file sharing on campus networks, imposing three general requirements on :
- An annual disclosure to students describing copyright law and campus policies related to violating copyright law;
- A plan to "effectively combat the unauthorized distribution of copyrighted materials" by users of its network, including "the use of one or more technology-based deterrents"; and
- A plan to "offer alternatives to illegal downloading".
WHY IS THIS AN IMPORTANT ISSUE RIGHT NOW?
Copyright is an issue of particular seriousness because technology makes it easy to copy and transmit protected works over our networks. While Jung Tao School 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 state and federal laws. Jung Tao School does not condone the illegal or inappropriate use of material that is subject to copyright protection and covered by state and federal laws.
WHAT KINDS OF ACTIVITIES VIOLATE FEDERAL LAW?
Following are some examples of copyright infringement that may be found in a school setting:
- Downloading and sharing MP3 files of music, videos, and games without permission of the copyright owner
- Using corporate logos without permission
- Placing an electronic copy of a standardized test on a department's web site without permission of the copyright owner
- Enhancing a departmental web site 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 web site without permission of the copyright owner
IS SHARING AND DOWNLOADING MP3 FILES OR OTHER MUSIC FILES AND VIDEOS ILLEGAL?
It is true that some copyright holders give official permission to download MP3 files and you might be able to find a limited number of videos that are not copyright protected. It is also true that some MP3 files are copyright free and some MP3 files can be legally obtained through subscription services. However, most MP3 and video files that are shared do not fall into any of these categories.
US Copyright Law allows you to create MP3s only for the songs to which you already have rights; that usually means you purchased the CD or downloaded a file via a subscription service. US Copyright Law allows you to make a copy of a purchased file only for your personal use. Personal use does not mean that you can give a copy to other people, or sell a copy of it.
HOW DO YOU GET CAUGHT VIOLATING COPYRIGHT LAW?
Copyright holders represented by organizations such as the Recording Industry Association of America, the Business Software Association, and the Motion Picture Association of America are applying serious efforts to stop the infringing downloads of copyrighted music, movies, and software. The companies or their agents locate possible copyright infringements by using automated systems.
Jung Tao School’s network has a range of IP addresses and all computers connected to the JTS network have an IP address. When we get a violation notice, Jung Tao locates the IP address and whenever possible, the user of that address. At that point, Jung Tao is required to act on the notification.
IF THE IP ADDRESS LEADS TO MY COMPUTER, WHAT HAPPENS NEXT?
These notices would come to the Vice President of Operations from organizations that represent the artists and copyright holders. If Jung Tao receives such a notice, the Vice President and Staff would look up the network IP address and set filters to restrict access to and from the computer associated with the IP address where the infringing material allegedly resides. At this point, the computer loses access to any Internet resources. Once the identity of the individual is known, that person is notified that they must remove the infringing material from their computer and inform the Vice President of its removal before Internet access will be reinstated.
First-time Notifications: If this is the first notification that the School has received on an individual, the Vice President must be notified that the infringing material has been removed from the computer before Internet access will be reinstated. A report about the violation of copyright will be sent by the Vice President to the Student Director’s Office, if you are staff; and to the department chair and the Dean of Faculty, and if you are a faculty member. A warning letter will be generated and the individual will be asked not to repeat the behavior that resulted in the complaint. A copy of that letter will be kept in the individual's file, and a copy will also go to Jung Tao’s President.
Second Notification Process for Students: If students are notified of copyright infringement a second time, their privileges to access the Internet from their personal computers, either through a wired port or through wireless, will generally be denied for at least four weeks after a hearing is scheduled with the Student Director to determine what sanctions are appropriate. The Student Director will be notified when second infringements have occurred and may take additional action appropriate to the school’s disciplinary process. If the student tries to connect his/her computer to the Internet from the wireless service, further disciplinary action may take place.
Subsequent Notification Process for Students: If students are notified of copyright infringement a third time, their privileges to access the Internet from their personal computers may be denied for a semester after action is taken by the Student Director to determine the severity of the infringement. Additional sanctions may be applied within the school's disciplinary process. If the student tries to connect to the Internet from the wireless service, further disciplinary action may take place.
Second Notification Process for Faculty, Graduate Students and Staff: Faculty, students, and staff who are engaged in teaching and research functions are expected to understand and act in accordance with applicable copyright laws. The School is obligated to exercise greater responsibility to address instances of repeated infringing activity by these individuals. There are potentially serious implications for both the individual and the school if the school receives more than two notices of infringement against an individual within a three-year period. For this reason, in an instance of a second notification of an individual's infringing activities, the School's President is also notified of the infringement and a meeting with relevant administrators will be held to determine the action(s) to be taken.
Action Taken in Response to Subpoenas: Upon receipt of a valid subpoena, Jung Tao School is obligated to turn over any electronic information regarding specific instances of infringing material that has been allegedly transmitted over its networks.
HOW DO YOU REPORT A COPYRIGHT INFRINGEMENT?
Digital Millennium Copyright Act of 1998 (DCMA) (see Title II, § 512)