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Copyright Compliance Policy Print Page
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Copyright Compliance Policy

The  Mount St. Joseph University recognizes and respects intellectual property rights. As part of our mission to maintain the highest standards for ethical conduct, we are committed to fulfilling our moral and legal obligations with respect to our use of copyright-protected works.

Article I of the US Constitution authorizes Congress to pass legislation "to promote the Progress Of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." On the basis of the Constitution, Congress has enacted the Copyright Act found at Title 17 of the US Code.

As a matter both of moral integrity and of adherence to US copyright law, the Mount St. Joseph University sets forth these policies for all employees and students to demonstrate our respect for intellectual property and compliance with the law:

  1. No employee or student of the Mount St. Joseph University may reproduce any copyrighted work in print, video, or electronic form in violation of the law. The easiest way to ensure no violation is by receiving express written permission of the copyright holder. Works are protected by copyright laws in the US even if they are not registered with the US Copyright Office and even if they do not carry the copyright symbol (©).

    Copyrighted works include, but are not limited to, printed articles from publications, TV and radio programs, videotapes, music performances, photographs, training materials, manuals, documentation, software programs, databases, and World Wide Web pages. In general, the laws that apply to printed materials are also applicable to visual and electronic media. Examples include diskettes, CD-ROMs, and World Wide Web pages.

     

  2. The Mount St. Joseph University has obtained a repertory license from the Copyright Clearance Center permitting it to make photocopies of portions of CCC's 1.75 million registered published works. The CCC license permits unlimited copies to be distributed to College of Mount St. Joseph employees for internal use only. The list of CCC registered works, including trade, newspaper, and magazine titles, is available at www.copyright.com.

     

  3. For all other copyrighted works, the Mount St. Joseph University directs its employees to obtain permission from copyright holders directly, or their licensing representative, when the reproduction or duplication exceeds fair use.

     

  4. The College of Mount St. Joseph designates the Director of Library Services as the copyright officer to administer our company's copyright policy. The Director of Library Services can help you determine whether a work is covered by the CCC license and how to handle any special copyright issues. Questions concerning copyright procedures, including fair use, should be addressed to the attention of this office. To obtain permission to reproduce copyrighted works not covered by the CCC license or other prior agreements, the employee should contact the Rights and Licensing Department of the copyright holder. Questions on specific procedures should be directed to the copyright officer named above.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. An education purpose alone does not make a use fair.

Summary of Civil and Criminal Penalties for Violation of Federal  Copyright Laws
Copyright infringement is 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.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

For more information about copyright see the following Web sites:

  • Copyright (C) Primer-- This site from the Center for Intellectual Property at the University of Maryland University College serves as an "introduction to issues concerning copyright ownership and use of information."
  • United States Copyright Office -- from the Library of Congress
 

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