To ensure that the distribution of copyrighted material complies with the Higher Education Opportunity Act and Federal copyright laws. The Copyright Law of the United States (Title 17 of the United States Code) states that the holders of copyrighted materials possess the exclusive right to authorize reproduction of, distribution of copies or phonogram records of, public performance of, public display of, and preparation of derivative works based on copyrighted works. However, the Fair Use Act and Technology, Education, and Copyright Harmonization (TEACH) Act allows for limited use in an academic setting.  See Legal Alternatives for further clarification. 

Faculty, staff, and students are expected to be familiar with the provisions of the current copyright laws and Congressional guidelines. Employees who make copies or use copyrighted materials in their jobs are also expected to be familiar with published provisions regarding fair use and public display. 
 
This policy applies to all faculty, staff, and students of Saint Luke’s College of Health Sciences (SLCHS) and to any third party users connected to the SLCHS network. Other relevant policies addressing copyright compliance are: 

SLCHS Policy: Statement on Copyright Law

SLHS Policies 
  • SEC-01 - Use of Technology-Systems-Services
  • SEC-03 - Acceptable Access/Usage of Email, Voicemail, Internet
  • Copyrighted Computer Software
  • SLHS Internet Content Filtering

Users are required to comply with all SLCHS and SLHS Policies. 

Definitions
Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in any tangible medium of expression. See U.S. Copyright Office, Copyright Basics, 2017, page 1. This protection is available for both published and unpublished works. See U.S. Copyright Office, Copyright Basics, 2017, page 6. 

Copyrighted Materials are 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
    See U.S. Copyright Office, Copyright Basics, 2017, page 1. 
Copyright Infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission or legal authority of the copyright owner. See U.S. Copyright Office, Frequently Asked Questions, at

Peer-to-Peer (P2P) file sharing is the sharing and transferring of digital files from one computer to another. The computers may be connected over the Internet, network or through a physical connection. In the P2Pfile-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. 
 
Policy
This policy applies to technology owned by the College, as well as personally owned devices connected to any parts of the College network. 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 copyrighted materials through P2P file sharing or on College networks; downloading or uploading of copyrighted materials through P2P file sharing or on College networks; downloading or uploading of copyrighted materials through email, and downloading copyrighted material from websites or other servers. 
 
It is a violation of copyright law to use file-sharing software (e.g., BitTorrent, KaZaA, Limewire, etc.) to download music, movies, and other copyrighted material without permission from the copyright holder. 
 
Institutional Penalties
If a campus community member is found to have engaged in conduct that violates applicable copyright law or College copyright policies, he or she may be subject to disciplinary action up to and including termination of employment, suspension or dismissal. 
 
Civil and Criminal Penalties 
Violations of copyright law may also lead to civil and criminal penalties. Generally, a person who is found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages in an amount of not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, damages may be awarded by a court up to $150,000 per work infringed. A court can, in its discretion, also access costs and attorneys’ fees. See 17 U.S.C. §§ 504, 505. The act of “willful” copyright infringement can also result in imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at  www.copyright.gov
 
Higher Education Opportunity Act Compliance 
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
  • Providing education about copyright & sending an annual disclosure to students describing campus policies related to copyright law
  • Maintaining a list of legal ways to acquire copyrighted materials, as a means of offering legal alternatives to illegal downloading
The College’s compliance efforts with respect to HEOA are as follows: 
 
Technology-Based Deterrents
SLCHS’s parent organization, the 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; pages that explain ways to commit such acts.
  • Peer File Transfer, P2P: Sites that distribute software to facilitate the direct exchange of files between users. P2P technology includes software that enables file search and sharing across a network without dependence on a central server. In addition to blocking access, bandwidth shaping is utilized.
  • Filter Avoidance, Proxy Avoidance: Sites that promote and aid in the use of undetectable and anonymous web usage.
All network traffic is subject to monitoring procedures conducted by the College’s Information Technology Department for purposes of determining compliance with the College’s policies. Administrators consistently monitor the technology-based deterrents for errors on a real-time basis. 

In addition to real-time monitoring of its technology systems, 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 maintains links on the College’s website to educational material on copyright and unauthorized distribution of copyrighted material. The College updates these links and the relevant educational material changes are made by SLHS IS Security and/or changes to copyright law occur. 

An annual disclosure regarding copyright issues will be distributed to the College community. This disclosure provides:
  • A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized P2P 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 College’s policies governing unauthorized P2P file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the College’s networks and information technology system. 
Legal Alternatives
Alternatives to illegal downloading include, but are not limited to, iTunes, Amazon, Netflix, and Hulu. In addition to these alternatives, EDUCAUSE maintains a list of legal alternatives for downloading or otherwise acquiring music, video, images, or other copyrighted material. See  https://www.educause.edu/focus-areas-and-initiatives/policy-and-security/educause-policy/issues-and-positions/intellectual-property/legal-sources-onli. In addition to this Policy, the EDUCAUSE link may also be found in the Annual Disclosure distributed to the College community. The College’s DMCA Agent is the Distance Education and Instructional Technology Manager 

Guidelines for the College’s DMCA Agent 
The distribution of copyrighted material without the owner’s permission is a violation of the Digital Millennium Copyright Act (DMCA). The following procedures implement the College’s enforcement of the U.S. Digital Millennium Copyright Act of 1988 (the “DMCA”). 
 
The College’s registered DMCA agent will receive claims of infringement. Claims may come from inside or outside the College. The law requires such claims to contain certain information including the location of infringing materials. 
 
The DMCA agent should promptly acknowledge receipt of each infringement claim. DMCA 
(512)(c)(3)(B)(ii) requires that if the claim fails to comply substantially in supplying information, the service provider should promptly attempt to contact the person making the notification or take other reasonable steps to assist in the receipt of notification that substantially complies. 
 
The registered DMCA agent should not affirm or deny the correctness of the claim in this acknowledgment. 
 
The registered DMCA agent will coordinate activities, keep records required to track repeat offenses, and assure proper closure of all incidents.  The DMCA agent and those acting for the DMCA agent must be careful to:
  • Protect the rights of copyright owners as defined by law, this policy, and accepted standards of academic behavior;
  • Protect rights and due process of those accused of infringement, particularly if fair use protection may apply; and
  • Generally support the authorized instruction, research, and service missions of the College.
The DMCA allows an individual accused of copyright infringement to assert that he or she has the right to use the materials at issue. In such a situation, the College should consider the following approaches. 
  • Beyond the messenger role defined by the DMCA, the College is not obligated to assist in counterclaims involving materials or activities, not in furtherance of the College.
  • For materials used for authorized the College activities, such as instruction, research or journalism, the College may have a stake in assisting its members in challenging the claim of infringement. The DMCA defines special treatment for such situations.
  • For materials or activities created typically by the College employees in support of the College business, typical DMCA legal protections likely do not apply. The College officers should promptly determine whether the material or activity merits withdrawal or defense.
On receipt of an acceptably complete claim of infringement, DMCA (512) (g) requires the registered DMCA agent to direct prompt removal of material or removal of all local or wide-area network access to the material or activity claimed to be infringing. This take-down may proceed regardless of fees paid to the College. The removal should be carried out in a manner that impacts essential College activities as little as possible and enables subsequent restoring of the material or activity. 
 
The registered DMCA agent will take reasonable steps to promptly notify the subscriber/user of the take-down. This notice will inform the subscriber/user to contact the College’s technology resource department if he or she believes that possession and use of the materials covered in the claim is legal. 
 
If the subscriber/user files a DMCA counter-claim through the registered DMCA agent, then the College will restore materials or access if (a) the College has not received notice of a court order regarding these materials or activities, in the manner and time that the law defines and (b) the registered DMCA agent judges that the material does not pose significant legal risk which the College is unwilling to support. 
 
Regarding this latter judgment, the institution may lose DMCA protection (under DMCA (512)(e)(1)(C)) if within the preceding 3-year period it has received more than two notifications of claimed infringement by a faculty member or graduate student in teaching or research.  The College may lose liability protection for even the first infraction for non-teaching, non-research materials made for the College. Materials that do not serve the College mission may pose more risk than perquisite value. Thus, the College may require a broad reduction of technology access as part of a containment or disciplinary measures for repeat problems. 
 
The registered DMCA agent should read DMCA Title II, Online Copyright Infringement Liability Limitation Act, available via the Library of Congress DMCA page, www.copyright.gov/onlinesp.