To ensure that the distribution of copyrighted material complies with the Higher Education Opportunity Act and Federal copyright laws.

This policy applies to anyone connecting to Saint Luke’s College of Health Sciences. Standing policies on copyright compliance may also be found in:

SLCHS Policies

  • SLCHS Policy: Statement on Copyright Law

SLHS Policies

Definitions
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United States (title 17, U. S. Code) to the authors of “original works of authorship,” available for both published and unpublished works. (U.S. Copyright Office, Copyright Basics, 2008, page 1)

Copyrighted Materials
Protected by copyright are “original works of authorship” that are fixed in a tangible form of expression. These materials include:

  • literary works
  • musical works, including any accompanying words
  • dramatic works, including any accompanying music
  • pantomimes and choreographic works
  • pictorial, graphic, and sculptural works
  • motion pictures and other audiovisual works
  • sound recordings
  • architectural works
    (U.S. Copyright Office, Copyright Basics, 2008, pages 2-3)

Copyright Infringement
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. http://www.copyright.gov/help/faq-definitions.html

POLICY
Users of SLCHS networks are prohibited from engaging in or participating in acts that could be construed as copyright infringement. This includes but is not limited to the distribution of (downloading or uploading) copyrighted materials through peer-to-peer (P2P) networks, email or downloading from websites or other servers.

The distribution of copyrighted material without the owner’s permission is a violation of the Digital

Millennium Copyright Act (DMCA) and may subject those caught to disciplinary action including termination of employment, suspension or dismissal and civil and criminal penalties.

This policy applies to college owned and personally owned devices connected to any college network.

The Higher Education Opportunity Act (HEOA) calls for the college to combat unauthorized distribution of copyrighted materials by:

  • Utilizing one or more technology-based deterrents
  • Education & Disclosure
  • Maintain a list of legal ways to acquire copyrighted materials (legal alternatives to illegal downloading)

Technology-Based Deterrents
SLCHS’s parent organization, Saint Luke’s Health System maintains technology-based deterrents in the form of firewalls, web filters & bandwidth shaping.

These systems block access to the following applicable categories on all networks:

  • Illegal Activities, Illegal Questionable
    Pages that promote crime, such as stealing, fraud, “phreaking,” and cracking; “warez” and pirated software; computer viruses; terrorism, bombs, and anarchy; sites depicting murder and suicide, as well as explaining ways to commit such acts.
  • Peer File Transfer, Peer to Peer
    Sites that distribute software to facilitate the direct exchange of files between users. P2P includes software that enables file search and sharing across a network without dependence on a central server.
  • Filter Avoidance, Proxy Avoidance
    Sites that promote and aid in the use of undetectable and anonymous web usage.

In addition to blocking access, bandwidth shaping is utilized in the Peer to Peer category Administrators monitor the technology-based deterrents for errors on a real time basis.

SLCHS periodically reviews the effectiveness of this policy and works with the SLHS IS Security department semi-annually to review the effectiveness of the technology-based deterrents.

Education & Disclosure
The College will maintain and regularly keep updated on its website links to educational material on copyright and unauthorized distribution of copyrighted material.

An annual disclosure will be distributed to the college community that provides:

  • A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;
  • A summary of the penalties for violation of Federal copyright laws; and
  • A description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system.

Legal Alternatives
A list of legal ways to acquire copyrighted material may be found on our website at https://www.educause.edu/focus-areas-and-initiatives/policy-and-security/educause-policy/issues-and-positions/intellectual-property/legal-sources-onli

Saint Luke's College Policy Number CO-005