Policy Statement:
All institutional users of Guilford College's communication and information systems and resources must comply with all sections of the United States Copyright Law, Digital Millennium Copyright Act (DMCA), the TEACH Act, and all licenses and contractual agreements in the provision of resources to the Guilford College community.
Purpose/Reason for Policy:
Guilford College must comply with the provisions of U.S. Federal Copyright Law (Title 17 of the US Code, Digital Millennium Copyright Act), the TEACH Act. It is illegal to download, upload, or distribute by any means or manner, copyrighted material in any form without permission or a license to do so from the copyright holder. This policy was developed in an effort to help all institutional users of resources better understand what is allowable by law, and to offer guidance on best practices.
Scope/Covered Persons:
This policy applies to all communication and information systems owned by the College and to all institutional users of resources (i.e. faculty, students, staff, affiliates, alumni, volunteers, guests, and visitors ). Use of College systems and information and technology resources signifies understanding and agreement with these terms.
Definitions:
Copyright and Fair Use: U.S. Copyright Law protects original works whether they are registered with the government’s Copyright Office or not and encompass: literary works; musical works including accompanying words; dramatic works including accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works; webpages; and computer programs and codes. Section 107 of the U.S. Copyright Law covers Fair Use, articulating four factors, all of which must be considered equally in considering the use of copyrighted works without the permission of the copyright owner. Use of such original works must meet all four factors to be considered within the parameters of fair use, as follows:
- The purpose and character of use (whether commercial or non-profit educational)
- The nature of the copyrighted work
- The amount used in relation to the work as a whole
- The effect of the use on the potential market or value of the copyrighted work
More information on Fair Use may be found in this Library and Learning Technologies resource.
Communications and information systems and resources: Networked modes of communication and information access and dissemination include cloud-based productivity and collaboration applications (e.g Google Workspace) Learning Management Systems (LMS, e.g. Canvas), integrated Library Systems (ILS, e.g. access to books, research databases, streaming media, etc.), and Enterprise Resource Planning (ERP) systems (e.g. Workday). Traditional or non-networked modes of communication and information access and dissemination include primary source materials, e.g. archives, college, and special collections, art works, and artifacts
Institutional users: Institutional users of resources include faculty, students, staff, affiliates, alumni, volunteers, guests, and visitors.
The Policy:
It is the intent of Guilford College to comply with all sections of the Copyright Law of the United States, Fair Use guidelines of 1997, the TEACH Act of 2002, the Digital Millennium Copyright Act (DMCA) of 1998, and the DMCA exemptions of 2006; and all licenses and contractual agreements in the provision of resources to the Guilford College community.
Guilford College neither condones nor supports the use of copyrighted material in ways that are not permissible under the law. Intellectual property guidelines are articulated in the staff and faculty Employee Handbooks and in the Student Handbook. It is important that the rights of intellectual property owners are respected through institutional adherence to U.S. Copyright Law, the Guilford College Copyright and Fair Use Policy, the Guilford College Intellectual Property Policy. This includes understanding and complying with the limited rights allowed by the fair use exemption.
Roles and Responsibilities:
All institutional users have a duty to abide by the Copyright and Fair Use Policy and to comply with all laws and regulations applicable to institutional use of original and copyrighted. The Office of the Provost, the Director of Hege Library and Learning Technologies, and the Copyright Compliance Officer, with other campus offices as appropriate, will support the investigation of suspected violations of this policy, as well as the institutional and potential external governmental actions taken to address violations.
Compliance:
Failure to comply with copyright laws and to act in good faith in the fair use of copyrighted material will result in the offending Guilford College community member assuming liability for his or her actions, and may result in disciplinary action on the part of the College. After investigation, if it is found that this policy was intentionally violated, disciplinary action may include, but is not limited to, revocation of information systems accounts and access privileges, access to College-owned resources and facilities, demotion, suspension, and termination of employment or expulsion.
Infringement also could result in Federal and/or State criminal prosecution and penalties, including imprisonment and the imposition of fines ranging from $750 to $30,000 per infringement. In the case of “willful” infringement, which courts have defined as “reckless disregard,” awards to copyright holders of up to $150,000 per work infringed have been assigned. Courts also may assess costs and attorneys’ fees (Title 17, United States Code, Sections 504, 505).
Other related Policies, Regulations, Statutes and Documents:
Hege Library and Learning Technologies Copyright and Fair Use Guidelines
Access to Student Records — FERPA
Appropriate Use of Information and Technology Resources
HIPAA (Privacy of Health Information)
Policy Violation Report Form: Copyright & Fair Use Policy (drafted)
Protection of Social Security Numbers
Library and Learning Technologies resource: Using Copyrighted Materials
NOTE: Copyright, Fair Use, and Intellectual Property and Digital Millennium Copyright Act (DMCA) policies include summaries of penalties for violation of federal copyright laws.
Procedures:
Any confirmed or suspected violations of this policy should be reported via the Policy Violation Report Form: Copyright and Fair Use (DRAFT).
Approval Authority:
Guilford College President
Responsible Office:
Hege Library and Learning Technologies
Copyright Compliance Officer
Discovery, Systems, and Digital Strategies Librarian
Hege Library and Learning Technologies
5800 West Friendly Avenue
Greensboro, NC 27410
Office: 336-316-2368
Email: copyright@guilford.edu
Revision History:
Updated 5/6/2024
Adoption Date: May 15, 2024