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Surry Community College prohibits infringement of: copyright, trademark, patent, trade secret or other intellectual property. This prohibition applies to the use of copyrighted names, images, text, music, or literary or artistic works. It also applies to the sharing of pirated computer programs or links to such programs, as well as serial or registration numbers for software programs.
Those affiliated with the College may use copyrighted materials for instruction, research, or scholarship so long as that use is consistent with the “Fair Use” provision of copyright law.
The College’s copyright infringement policy extends to the use of College computer systems, networks, Internet access, or storage media. These tools and resources may not be used to upload, download, transmit, distribute, or otherwise make available unauthorized duplications of copyrighted material. Accordingly, this policy also applies to the use of unlicensed or unauthorized peer-to-peer file service that would promote copyright infringement.
To promote compliance with its copyright infringement policy, Surry Community College reserves the right to monitor, at any time, its computer systems, networks, and storage media. Additionally, the College reserves the right to delete from its computer systems and storage media-or restrict access to-any users who violate the College’s infringement policy are subject to disciplinary. Such action may include termination, expulsion, and other legal actions.
Purpose
The purpose of a Copyright Infringement Policy is to ensure the College’s compliance with copyright law in its computer systems and networks. The policy promotes compliance by emphasizing the seriousness, and possible consequences, of the unauthorized use of copyrighted material. It is illegal. For example, to download, upload, or otherwise access copyrighted materials (music, video, images, etc.) from peer-to-peer networks, storage media or networks.
Scope
This policy applies to those who use or subscribe to the Surry Community College Network (SCCNet). A “user” is defined as anyone with access to the SCCNet campus systems and workstations.
Procedures
Violation of the copyright infringement policy exposes the user and the Institution to civil and criminal liability. For questions or concerns related to copyright compliance and claimed copyright infringement, please contact the Chief Information Officer.
Claims
Claims of copyright infringement should be made, in writing, to the Chief Information Officer. In accordance with specifications of the U.S. Copyright Office, that claim must include the following information:
- Contact Information of the person making the claim: Complete name, mailing address, email address, phone and fax numbers.
- Identification of the copyrighted work in question or representative listing of copyrighted works in question.
- A signed statement attesting to the accuracy of the information in the claim. The signature-either physical or electronic-may be that of the copyright owner or of a person authorized to act on behalf of the owner.
- Additional information supporting claim.
College Designee
The College designates the Chief Information Officer as “Agent to Receive Notification of Claimed Copyright Infringement.” This officer can be contacted as follows:
Chief Information Officer
Surry Community College
630 South Main Street
Dobson, North Carolina 27017
(voice) 336-386-3382
(Fax) 336-386-3504
Notice and Takedown Procedure
If the College learns of suspected or proven violations of copyright policy, it will quickly remove or disable access to the material in question.
Repeat Violation of Copyright Infringement Policy
At its discretion, the College may terminate the system of network accounts of a repeat offender.
Accommodation of Standard Technical Measures
It is the policy of the College to accommodate-i.e., not interfere-standard technical measures. Copyright owners use such measures to identify or protect copyrighted works. Such measures include those developed from a broad consensus of copyright owners and service providers. These measures reflect multi-industry standards that ensure the fair and reasonable availability of copyrighted works without imposing substantial costs on service providers or substantially burdening systems or networks.
Sources
U.S. Copyright Office, a part of the Library of Congress, 101 independence Ave.
S.E., Washington, D.C. 20559-6000 (phone) 202 707-3000
Recording Industry Association of America, 1025 F Street N.W., 10th Floor, Washington, DC20004; (phone) 202.775.0101; Recording Industry Association of America
Motion Picture Association of America 1600 Eye Street, NW Washington, DC 20006; (phone)
202.293.1966; Motion Picture Association of America
Surry Community College Technology Services Division 630 South Main Street, Dobson, NC 27017; (phone) 336.386.3382
Definitions
Copyright
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,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or electronic records;
- To prepare derivative works based upon the work;
- To distribute copies or phonographic records of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
Copyright Infringement
The act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Rights
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information request Circular 40, Copyright Registration for Works of the Visual Arts.
Violation of Copyright
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of ‘fair use,’ which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a ‘compulsory license’ under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the U.S. Copyright Office (US Copyright Office).
Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act (H.R. 2281) was enacted into law on October 28, 1998. This act amended the copyright law to provide regulations for works cited via the World Wide Web (the Internet).
On-line copy of this act http://www.copyright.gov/legislation/dmca.pdf
Alternative Resources for Sharing Copyrighted Material
Educause® maintains a comprehensive list of legal downloading resources. A link to this resource is available on various pages in myKnightLife. Members of the College community are encouraged to take advantage of these legitimate sources of digital content.
Adopted by the Board of Trustees, May 11, 2015
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