Policy:

This policy addresses copyright in the context of resources used at Clarkson College. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression and covers both published and unpublished works. Clarkson College promotes awareness of Federal Copyright Law via policy and is not responsible for the improper or illegal use of any copies of materials from its collections or the misuse of its technological resources. It is the individual's responsibility to prevent the infringement of others’ rights and to clear reproduction rights and copyright restrictions when necessary.

Procedure:

Clarkson College acknowledges that federal law prohibits the duplication of copyrighted materials without the authorization of the copyright holder, except for specific exempt purposes. Under the fair use doctrine, unauthorized reproduction of copyrighted materials is permissible for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. These four factors outlined in the Federal Copyright Law must be analyzed:

1. the purpose and character of the use, including whether it is for a commercial purpose or  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. 

As part of the Higher Education Opportunity Act (HEOA) of 2008, the Department of Education released final regulations on October 29, 2009, that all U.S. colleges and universities must address. The HEOA provisions regarding copyright violations from unauthorized file sharing on campus networks are categorized into three main requirements:

1. An annual disclosure to students describing copyright law and campus policies related to violating copyright law.
2. A plan to "effectively combat” the unauthorized distribution of copyrighted materials by users of its network, including "the use of one or more technology‐based deterrents.”
3. A plan to "offer alternatives to illegal downloading.”

Clarkson College complies with the HEOA through the following measures:

1. An annual email is sent to students containing IT-4 Copyright and IT-2 Computing Policy.
2. Known illegal P2P file sharing protocols and applications are blocked at the firewall level for all Clarkson College networks.
3. While Clarkson College does not host download services, it recommends students visit the EDUCAUSE “Legal Sources of Online Content” site for a list of alternative legal options: https://www.educause.edu/focus-areas-and-initiatives/policy-and-security/educause-policy/legal-sources-onli

Clarkson College is a registrant of the Digital Millennium Copyright Act (DMCA) Designated Agent Directory, which provides safe harbor for online service providers and provides contact information for infringement notification through the [email protected] address listed on the public web site. Upon receipt of legitimate takedown notices, Clarkson College will respond expeditiously to remove, or disable access to the material that is claimed to be infringing or subject to infringing activity, in accordance with DMCA requirements.

Legal References: Federal Copyright Law of 1976 (U.S. Code, Title 17)