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DMCA Compliance Policy

The Digital Millennium Copyright Act amends federal copyright law to provide certain liability protections for online service providers, including Linfield University when their computer systems or networks carry materials that violate (infringe) copyright law. To qualify for liability protection, Linfield is required to have a policy under which the computer accounts of users will be terminated if they repeatedly infringe the copyrighted works of others.

Compliance with federal copyright law is expected of all Linfield students, staff and faculty. Copyright is legal protection for all creative works and is interpreted to cover most expressions of ideas. Text, graphic, art, photographs, music and software are all examples of works protected by copyright.

You may use all or part of a copyrighted work only if you have the copyright owner’s permission or if you qualify for a legal exception (the most common exception is called “fair use”). For more information on the “fair use” exemption see the Library web page “Use” of a work is defined for copyright purposes as copying, distributing, making derivative works, publicly displaying, or publicly performing the work.

Copying, distributing, downloading, and uploading information on the Internet usually infringes the copyright for that information. This include unauthorized copying of software, downloading or uploading of copyrighted music and video files. Even an innocent, unintentional infringement violates the law. Violations of copyright law that occur on or over Linfield’s networks or other computer resources may create liability for Linfield as well as the computer user. Accordingly, repeat infringers will have their computer account and other access privileges terminated.

The following procedure is to be used for making a copyright infringement claim and counter claim:

A copyright owner, or person acting for the owner, must provide Linfield's designated agent, the Chief Technology Officer (copyrightabuse@linfield.edu), with written notice that information residing on Linfield's computer systems or networks is an infringement of the copyright. This notice must meet the requirements of 17 U.S.C. 512(c)(3). The notice requirement also applies to information in system cache and to information location tools (e.g., hypertext links) that infringe copyright.

[Note: if a person working for Linfield has independent knowledge of a copyright violation on a University computer system or network, Linfield may have a duty to remove the infringing material. This is true even if there is no "notice" from the copyright owner. Therefore that person should report the violation to the Chief Technology Officer as soon as possible.

If, after consultation with legal council, the Chief Technology Officer finds there may be substance to the claim of infringement, s/he will promptly remove or disable access to the allegedly infringing material and will promptly inform the computer account holder/user of this action.

The computer account holder/user may send Linfield's designated agent, the Chief Technology Officer (copyrightabuse@linfield.edu), a written statement that the removal or disabling of access was based on a mistake or misidentification. This counter notice must meet the requirements of 17 U.S.C. 512(g)(3). The The Chief Technology Officer will promptly transmit a copy of the counter notice to the person who complained of infringement, and will inform that person that the removed material or disabled access will be restored in 10 business days.

The Chief Technology Officer will restore the material or access no less than 10 business days and no more than 14 business days from receipt of the counter notice, unless the person who complained of infringement first notifies the designated agent that the complainant has filed a court action to restrain the computer account holder/user from the infringing activity that was the subject of the original notice to Linfield.

The following procedure is to be used when notice is provided that official Linfield material on a web page or other Internet communication medium my infringe copyright:

Linfield has a legal duty to insure that official web sites, official email, and other official communications and expressions do not violate the intellectual property rights of third parties. The most common intellectual property rights found on the Internet involve copyright and trademark/service marks.

"Official" web sites and communications include those that are funded or otherwise sponsored by Linfield for a University purpose, or which are created by an employee or agent of the University who is acting within the authorized scope of employment or agency on behalf of the University (e.g., posting course materials on the web for educational use of enrolled students).

Linfield has "notice" of possible infringement when a third party advises a University official that there is an infringement, or when it appears to a University official that material is likely to be infringing based on the circumstances (e.g., copies of nationally syndicated cartoons appear on a University web site without any statement of copyright permission).

When Linfield has notice of a possible intellectual property infringement in official University-provided content, it will in good faith:

Attempt to establish who truly owns the copyright (or other intellectual property) through consultation with the author of the University content and the party claiming ownership.

Attempt to determine if any legal defense (e.g., "fair use") exists to allow the material to be used by the University.

Attempt to negotiate a permission or settlement if it appears that the content is infringing or if it appears that settlement is preferable to litigating an unclear claim. If permission or settlement is not feasible and it appears that the material is infringing, the University will remove the material.

Determine if any disciplinary action is appropriate against the person who posted infringing content. In the case of repeated infringement or bad faith infringement, disciplinary sanctions may include termination of computer privileges. Violations of the above terms of agreement may result in suspension of computing privileges, disciplinary review, termination of employment, and/or legal action. ATN will refer serious violations to the appropriate department for disciplinary action.

Linfield University has the twin objectives of minimizing liability while also providing full legal support for the activities of faculty and staff. In the context of copyright and other intellectual property, this means that an Officer of the University should be advised as soon as there is any notice of possible infringement. The Officer will work with the University content provider in to establish any defenses. However, if there is inadequate information to provide a defense, or it appears that no defense exists, the best route to minimize University damages may be prompt removal of the allegedly infringing material.

Removal of official University content, especially course materials, can be harmful to academic freedom, to teaching effectiveness, and to the University’s educational mission. Therefore, faculty and staff are encouraged to secure copyright permission, or a license, or a legal basis for use of someone else's intellectual property without permission, before using the material.

Copyright Definition

Adapted from "Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community" issued by EDUCOM and ADAPSO, 1992.

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution. Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.

Here are some relevant facts:

  • Unauthorized copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protects inventors.
  • Unauthorized copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on a campus, the institution may incur a legal liability. Also, the institution may find it more difficult to negotiate agreements that would make software more widely and less expensively available to members of the academic community.
  • Unauthorized copying of software can deprive developers of a fair return for their work, increase prices, reduce the level of future support and enhancement, and inhibit the development of new software products.

Respect for the intellectual work and property of others has traditionally been essential to the mission of Universitys and universities. As members of the academic community, we value the free exchange of ideas. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, applications, data bases and code.

Classification of Software:

The restrictions and limitations regarding each classification are different.

Commercial

Commercial software represents the majority of software purchased from software publishers, commercial computer stores, etc. When you buy software, you are actually acquiring a license to use it, not own it. You acquire the license from the company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. In general, commercial software licenses stipulate that

  • the software is covered by copyright,
  • although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
  • modifications to the software are not allowed,
  • decompiling (i.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder.

Shareware

Shareware software is covered by copyright, as well. When you acquire software under a shareware arrangement, you are actually acquiring a license to use it, not own it. You acquire the license from the individual or company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. The copyright holders for Shareware allow purchasers to make and distribute copies of the software, but demand that if, after testing the software, you adopt it for use, you must pay for it. In general, shareware software licenses stipulate that

  • the software is covered by copyright,
  • although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
  • modifications to the software are not allowed,
  • decompiling (i.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder, and
  • development of new works built upon the package(derivative works) is not allowed without the permission of the copyright holder. Selling software as Shareware is a marketing decision, it does not change the legal requirements with respect to copyright. That means that you can make a single archival copy, but you are obliged to pay for all copies adopted for use.

Freeware

Freeware also is covered by copyright and subject to the conditions defined by the holder of the copyright. The conditions for Freeware are in direct opposition to normal copyright restrictions. In general, Freeware software licenses stipulate that

  • the software is covered by copyright,
  • copies of the software can be made for both archival and distribution purposes but that distribution cannot be for profit,
  • modifications to the software is allowed and encouraged,
  • decompiling (i.e reverse engineering) of the program code is allowed without the explicit permission of the copyright holder, and
  • development of new works built upon the package (derivative works) is allowed and encouraged with the condition that derivative works must also be designated as Freeware. That means that you cannot take Freeware, modify or extend it, and then sell it as Commercial or Shareware software.

Public Domain

Public Domain software comes into being when the original copyright holder explicitly relinquishes all rights to the software. Since under current copyright law, all intellectual works (including software) are protected as soon as they are committed to a medium, for something to be Public Domain it must be clearly marked as such. Before March 1, 1989, it was assumed that intellectual works were NOT covered by copyright unless the copyright symbol and declaration appeared on the work. With the U.S. adherence to the Berne Convention this presumption has been reversed. Now all works assume copyright protection unless the Public Domain notification is stated. This means that for Public Domain software

  • copyright rights have been relinquished,
  • software copies can be made for both archival and distribution purposes with no restrictions as to distribution,
  • modifications to the software are allowed,
  • decompiling (i.e. reverse engineering) of the program code is allowed, and
  • development of new works built upon the package (derivative works) is allowed without on the distribution or use of the derivative work.

A Final Note

Restrictions on the use of software are far from uniform. You should check carefully each piece of software and the accompanying documentation yourself.

Other Linfield University copyright policy: Linfield Libraries Copyright Policies