189.2 Copyright

Created by: Don Pierce on 04/20/2011
Category: 1 - Academic Affairs; 80 - Procedures
Originator: Academic Administration
Current File: 189.2
Adoption Date: 01/31/2013
Reviewed for Currency: 01/31/2013
Replaces File: 189.2
Date of Origin: 04/20/2011
Classification: Faculty
In Archive? 0

189.2 Copyright


A. Background

Furman University recognizes the value and importance of intellectual property as protected by copyright. The law of copyright is codified in U. S. Code Article 17, which both specifies the exclusive rights held by copyright owners, and limits those rights by permitting fair use of copyrighted work. Such fair use is a vital component of the educational enterprise.


B. Policy

Furman University, complies with the intent and provisions of copyright law as set forth in U.S. Code Title 17, and recognizes that use of a copyrighted work for purposes of teaching, scholarship, or research may constitute permissible fair use under Title 17, Section 107.

As an educational institution, the University also has legal obligations regarding notices of infringement brought by copyright holders concerning electronic materials posted on facilities that it owns and/or manages.


C. Guidelines

In compliance with federal requirements, the President appoints a University Copyright Officer. The University Copyright Officer’s principal responsibilities include the following:

a. To oversee institutional adherence with the educational and communications provisions of copyright law.

b. To receive all infringement claims and to direct such claims to appropriate channels.

c. To provide compliance advice and recommendations to the campus community by fielding inquiries concerning copyright law.

d. To educate the Furman community on copyright law and fair use and to make copyright resources available to the campus.

e. To review campus policies and procedures mentioning copyright on a regular basis for consistency with University policy.

2. Liability for infringement of copyright law rests with the individual responsible for the infringement.

3. Under the provisions of the Digital Millennium Copyright Act (DMCA) Section 512(c), copyright holders may exercise their rights to protect intellectual property by notifying online service providers (OSP) about an alleged infringement by a third party using those facilities. Insofar as the University acts as an OSP for faculty, staff, and students, takedown notices are sent to the University on occasion. These complaints and notices are forwarded to the University’s Copyright Officer for evaluation and response.

Takedown and Notice Procedure

Upon receipt of a notice of alleged copyright infringement, the University Copyright Officer will evaluate the alleged infringement and the user will be notified of the allegation. The University reserves the right to disable access to the material with or without permission of the user under the provisions of the DMCA. If the University Copyright Officer deems the notice of alleged infringement effective, these procedures will be followed:

a. The Chief Information Officer (CIO) will be notified and the Information Technology Service Center will be instructed to disable access to the allegedly infringing material.

b. The Vice President for Academic Affairs and Dean will be notified when faculty members are identified as the users posting the allegedly infringing material.

c. The Vice President for Student Life will be notified when students are identified as the users posting the allegedly infringing material.

d. The Assistant Vice President for Human Resources will be notified in cases when staff members are identified as the users posting the allegedly infringing material.

Notice and Putback Procedure

A recipient user whose posted material has been removed or blocked may file a counter notification asserting that the removal or blocking was a result of a mistake or a misidentification of the material. In such a case, these procedures will be followed:

a. The user should request the form Notice and Request to Putback Online Materials ("counter-notification") from the University Copyright Officer.

b. The form should be completed entirely and returned to the University Copyright Officer, who will determine whether the counter-notification is effective under the provisions of the DMCA.

c. If the counter-notification is deemed effective, Information Technology Service Center will be instructed to replace the removed or blocked material. The Chief Information Officer (CIO) will also be notified, and the relevant supervising administrator will be informed.

d. Even if the counter-notification is deemed effective, the University reserves the right not to comply with the counter-notification if a restraining order or other form of legal process impedes its so doing.

4. Faculty and staff with questions about the use of copyrighted materials should consult the University Copyright Officer for information and recommendations.