The federal Copyright law (Title 17, United States Code, Section 10 et seq.) requires all members of William Jewell College, including faculty, staff, and students, to respect the proprietary rights of owners of copyrights and refrain from actions that constitute an infringement of copyright or other proprietary rights.
William Jewell College has developed this policy and the Fair Use Guidelines to assist members of the College community in complying with federal copyright law and to enable them to distinguish between permitted and prohibited uses of copyrighted materials. All members of the William Jewell College community are expected to familiarize themselves with this information and to comply with its requirements.
Potential Civil and Criminal Sanctions for Copyright Infringement
Faculty members, staff, and students who intentionally violate this Policy place themselves individually at risk of civil and criminal liability. As a general matter, a person who is found liable for civil copyright infringement may be ordered to pay actual damages or “statutory” damages in an amount of not less than $750 and not more than $30,000 per work infringed. For a “willful” infringement, damages may be awarded by a court up to $150,000 per work in fringed. Courts can also assess costs and attorneys’ fees, in its discretion. See 17U.S.C. §§ 504 and 505. Also, “willful” copyright infringement can result in imprisonment of up to five years for a first time offense and additional fines. See 17 U.S.C. § 506 and 18 U.S.C. § 2319.
Peer-to-Peer File Sharing
It is a violation of copyright law to use file sharing software (e.g., BitTorrent, KaZaA, Limewire, etc.) to download music, movies, and other copyrighted material without permission from the copyright holder.
All network traffic is subject to monitoring procedures conducted by the Office of Information Technology for purposes of determining compliance with College policies. Outside parties also actively monitor the internet to find incidents of illegal file sharing and may notify the College of such activity. When such a notification is provided by an outside source, the College may disable a person’s network access until the situation is resolved.
If a campus community member is found to have illegally shared files over the College’s network, the full range of disciplinary sanctions are available (along with the civil criminal penalties the person may be subject to), including:
Alternatives to illegal downloading include, but are not limited to, iTunes, Amazon, Netflix, and Hulu.
William Jewell College intends to abide by the Copyright Law of the United States. (Title 17, United States Code, Sect. 101 et seq.) The purpose of the Copyright Law is to give fair and proper use of materials with due regard to the rights of those responsible for the works. The Copyright Law prohibits copying not specifically allowed by the Fair Use provisions found in 17 U.S.C. § 107.
It is not copyright infringement when use of a copyrighted work is considered “fair use.” To determine whether your use is “fair use” federal law calls for a balancing test of all of the following four factors:
None of the above factors alone are determinative of fair use, and they must be analyzed on a case-by-case basis. Every fair use scenario is different, and there may be additional considerations based on the format of the copyrighted work. If you have further questions regarding fair use or whether a particular use you are contemplating is permissible under fair use, please contact the Library Director.
Additional items to keep in mind when considering fair use are as follows:
In accordance with the Digital Millennium Copyright Act, William Jewell College has identified Rebecca Hamlett, Director of Library Services, as its designated agent. William Jewell College reserves the right to block access or remove material from its systems in the event that William Jewell College receives notification of an infringement claim from a copyright holder or is otherwise notified of such activity.