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Copyright Policy

COPYRIGHT POLICY AND PROCEDURES ON INFORMATION SYSTEMS


YOUR RESPONSIBILITIES AT INOVATECH COLLEGE WITH RESPECT TO COPYRIGHT LAW

This document provides an overview of InovaTech College’s policies and procedures governing music and movie sharing, and how we deal with alleged violations. Actions against violators of copyright by many organizations, including the Recording Industry Artists Association (RIAA) and the Motion Picture Association of America (MPAA), have made it imperative that everyone understands the risks of sharing music and movies or other media with others.

Key Points
• Downloading music may be hazardous to your computer. Files can contain spyware or viruses.
• Illegal music and film downloads can result in legal action against you.
• Use of un-purchased material can be considered an infringement.

COPYRIGHT LAW
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material regardless of the format of that material. This includes downloading of copyrighted material such as songs and movies. Copyright law is complicated and its interpretation is sometimes controversial. Current information on the Digital Millennium Copyright Act can be found here, http://www.copyright.gov/legislation/dmca.pdf

THE DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)

The RIAA and the MPAA are regularly scanning the Internet looking for illegal file sharing of copyrighted material. If they detect such activity they file a complaint using the DMCA. The DMCA specifies procedures that InovaTech must follow when notified of a copyright violation by an individual using our network. If the copyright holder contacts InovaTech (called an infringement notice) about a violation we will contact the violator and require removal of the offending material from his/her computer. If the material is not removed, the person’s computer will be restricted from accessing the network. The individual has the right to claim that the material is not protected by copyright and then a legal process begins. To date, every notice we have received has resulted in the offending material being removed. The details about DMCA procedures can be found below.

DMCA Procedures

Individuals using computers and networks (“Information Systems”) at InovaTech Inc, (the “organization”) are responsible for complying with copyright laws and the organization’s policies and procedures regarding use of the Information Systems. The organization reserves the right to deny, limit, revoke or extend computing privileges and access to the Information Systems in its discretion. In addition, alleged violations of this procedure, the organization’s policies regarding use of the Information Systems, or other policies of the organization in the course of using the Information Systems may result in an immediate loss of computing privileges and may also result in the referral of the matter to the organization’s judicial system or other appropriate authority such as the organization’s Designated Agent. The term, designated agent will apply to the organizations contracting departments and/or the organization academic institution. The designated agent will be appointed once a copyright holder has contacted InovaTech and it has been determined that the accused is an employee or student.

The procedures outlined below will apply when the organization receives notification of an alleged copyright infringement. For purposes of these procedures, an E-mail message shall be considered a written notice or request.

Notification of Infringement

1. Copyright holders who believe their copyrighted material has been infringed by an account holder must notify the organization’s (the “Designated Agent”) of the allegedly infringing action or material in writing. The notification must,

a) Identify the copyrighted material being infringed in sufficient detail to permit the organization to locate the allegedly infringing material on the organization’s Digital Information Systems,
b) State the basis for the claim of possible infringement, and
c) State the basis for the copyright holder’s copyright in the work (e.g., author, owner, assignee).

2. The Designated Agent will notify the account holder who appears to have posted the allegedly infringing material, and will investigate the complaint promptly.

3. If, after conducting an investigation, the Designated Agent determines that the allegedly infringing material appears to infringe the copyright of the copyright holder, the Designated Agent will follow the procedures for Removal of Infringing Material set forth below.

Removal of Infringing Material

4. In the event that the allegedly infringing material is being used for an active class at the organization, the Designated Agent will attempt to work out an arrangement with the copyright holder for use of the allegedly infringing material by the account holder until the end of the current semester. Failing a satisfactory arrangement, the Designated Agent will conduct an investigation of the incident and take action as set forth below regarding any allegedly infringing material.

5. If, after the Designated Agent’s investigation, the Designated Agent determines that the allegedly infringing material appears not to infringe the copyright of the copyright holder, the Designated Agent will notify the copyright holder and the account holder of the determination. If the copyright holder disagrees with the determination of the Designated Agent, the copyright holder may request in writing that the organization ask its attorney’s to render an opinion as to whether the allegedly infringing material constitutes copyright infringement pursuant to paragraph XI below.

6. If, after the Designated Agent’s investigation, the Designated Agent determines that the allegedly infringing material appears to infringe the copyright of the copyright holder, the Designated Agent will notify the Director Information Technology Services, InovaTech Inc., the copyright holder and the account holder whose account was used to post the allegedly infringing material.

7. Upon receipt of such notification from the Designated Agent, the Director Information Technology Services, InovaTech Inc, will direct the appropriate ITS staff member to remove, or block access to, the allegedly infringing material.

8. Upon receipt of notification from the Designated Agent that the allegedly infringing material appears to infringe the copyright of the copyright holder and is being blocked or removed from InovaTech’s Digital Information Systems, the account holder may request that the Designated Representative restore the removed or blocked material based on the account holder belief that the allegedly infringing material is not infringing. Such request must be in writing and include a detailed statement of the basis for the account holder’s belief that the allegedly infringing material is not infringing, as well as a request that the removed or blocked material be restored.

9. If the Designated Agent receives such request from the account holder, the Designated Agent will provide a copy of the request to the copyright holder.

10. If, within 10 days after a copy of the account holder’s request is sent to the copyright holder by the Designated Agent, the Designated Agent has not received a written request from the copyright holder to continue the blocking or removal of the allegedly infringing material, the Designated Agent will notify the Director Information Technology Services, InovaTech Inc, to restore the material. The Director Information Technology Services, InovaTech Inc, will restore the allegedly infringing material within four days after receipt of such notification.

11. If the Designated Agent receives within 10 days a written request from the copyright holder to continue the blocking or removal of the allegedly infringing material is received from the original sender, the Designated Agent will provide copies of all correspondence in the matter to the Director Information Technology Services, InovaTech Inc, who will forward copies of such correspondence to the organization’s attorneys, who will be asked to render an opinion as to whether the allegedly infringing material constitutes copyright infringement. If the allegedly infringing material is determined not to constitute copyright infringement, the material will be restored by the Director Information Technology Services, within four days of such determination.

Designation of Agent to Receive Notification of Claimed Infringement

This is to notify copyright holders that InovaTech, College of Business and Technology Designated Agent to receive notices and requests concerning claimed infringement, pursuant to the Digital Millennium Copyright Act, is Daniela Pavel, Director of Education. Any copyright holder wishing to send a notice to InovaTech Inc, regarding possible copyright infringement should file that notice in writing with Daniela Pavel at the following address:

Dennis Ringlieb
InovaTech, College of Business and Technology
InovaTech Inc
6408 Brookstone Lane Suite C
Fayetteville, North Carolina
e-mail: Daniela.Ringlieb@InovaTech.edu
Telephone: 910.764.1111
Fax: 910.826.1111

Examples and FAQ’s
In simple terms, it is possession of the file or song (or CD) when you have not paid for it that make it illegal. The only time a copy of a file, song or movie is legal is when you own the CD, DVD, program or file and you use the copy only as a backup.

PEER-TO-PEER PROGRAMS (P2P)
P2P programs have been developed to allow people to share information in digital formats across the Internet. In particular, programs like BitTorrent, Limewire, Ares, KaZaA, Gnutella, Morpheus, and AudioGalaxy are commonly used to share music and movies without regard to the restrictions placed on that material by the copyright owners. Most commercially produced music and movies are copyrighted and cannot be freely shared. This is the law. You should also know that file sharing programs often contain Spyware, which can compromise and degrade the functioning of your computer. InovaTech does not restrict or examine the information content that is being transmitted over the network (e.g. the music itself) but we do limit the bandwidth certain applications can utilize on the network and restrict the number of connections a computer can use on the network in order for us to give priority to academic uses of our network. Members of our community must follow college-defined policies for appropriate use of technology resources.

Most music and media-sharing violates the law that we are bound to uphold. If you distribute copyrighted music and videos you are putting yourself at risk of losing computing privileges, being charged by the InovaTech College judicial board, and facing prosecution under civil and criminal laws.

Frequently Asked Questions

Q As long as I keep my number of downloads moderate, am I still at risk of legal action?
A Yes

Q Is peer-to-peer (P2P) file sharing illegal?
A No, just the sharing of copyrighted material.

Q Is it legal to burn a CD or DVD?
A Yes, as long as you purchased the material and use the copy for backup.

Q Is it copyright infringement to sell a CD to someone else?
A No, copyright law permits lending, destroying, and selling legally purchased copyrighted material as long as you don’t keep a copy.

Q Are people really being prosecuted for illegal downloads?
A Absolutely, last year thousands of students at colleges and universities were prosecuted for illegal downloads.

Q If InovaTech receives a subpoena how will they know it was me?
A InovaTech keeps logs of network activity for the purposes correcting network problems. These logs are not routinely examined but can often identify a person doing illegal downloading if we receive a subpoena.

Q Does peer-to-peer (P2P) music sharing fall under “fair use”?
A Almost never.

If you have further questions, please contact les.green@inovatech.edu