Information Technology Operations (ITO)

Copyright Infringement | Procedure

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  1. Introduction: These procedures are established by TMCC to ensure compliance with applicable copyright protection law and NSHE policy in order to prevent the proliferation of copyright infringement.
  2. Procedures: the following procedures are in place.
    1. Members of the college community are advised to become as knowledgeable as possible regarding copyright law and these procedures. Individuals who willfully disregard these procedures and guidelines do so at their own risk and may be subject to personal liability. The college regards violation of these procedures as a serious matter. Any such violation is without the college's consent and is subject to loss or restriction of computing privileges and disciplinary action up to and including termination, in the case of college employees, and expulsion, in the case of students.
    2. According to US copyright law, illegal reproduction of software is subject to civil damages of as much as $150,000 per title infringed and criminal penalties, including fines of as much as $250,000 and imprisonment of up to five years.
    3. Violations and Prohibitions: It is against TMCC policy for users to use TMCC equipment or services to access, use, copy or otherwise reproduce, or make available to others any copyright protected materials or software except as permitted under copyright law or specific license. Specifically, users are prohibited from:
      1. Copying or reproducing any licensed software on TMCC computing equipment, except as expressly permitted by the software license. Also, users may not use unauthorized copies of software on TMCC owned computers.
      2. Copying, downloading, or uploading audio recordings, music, movies, videos and other kinds of copyright protected files electronically without the owner's permission.
      3. Posting copyrighted material on a TMCC owned website (official or personal).
    4. Additionally, faculty, staff, administrators and students must:
      1. Fully read, understand, and abide by all terms of software license agreements.
      2. Remove any copyrighted material downloaded from the Web after the evaluation period has expired. Evaluation software is not normally installed on computers in academic classrooms or labs.
      3. Not accept unlicensed software from any third party.
      4. Not install, nor direct others to install, illegal copies of computer software or unlicensed software onto any TMCC owned or operated computer system.
      5. Comply with other TMCC policies and procedures addressing copyright issues.
    5. Guidelines for Specific Materials or Systems:
      1. Computer Software
        1. The software provided through TMCC for use by users may only be used on computing equipment as specified in the various software licenses.
        2. Users shall not make copies of TMCC owned or licensed software except where and only to the extent explicitly permitted according to the terms of the applicable license and shall not use TMCC hardware to make illegal copies of any copyrighted software for the purpose of selling, giving, or lending this software to others (including but not limited to software from the public and departmental computer labs) or for any other unauthorized purpose. In addition users shall not:
          1. Copy TMCC software for use on their home computers
          2. Provide copies of software to any independent contractors or to any third person.
        3. Software that is purchased at a discount for classroom or other limited use shall be used only in the manner authorized by the seller (and removed or uninstalled as directed).
        4. Software shall not be modified, revised, recast or adapted unless directed to do so in an instructional environment by a faculty member as part of an academic exercise.
        5. Users are responsible for knowing the license terms of any software acquired pursuant to a site license. The terms of site licenses vary, and software distributed under a site license must be used and copied in accordance with that license.
        6. Computer software known as "shareware" is under copyright protection. Individual users of this software are required to comply with all terms of any shareware license, including, where applicable, to register and pay for any software they retain and use.
      2. Internet, WWW, Digital
        1. Users shall not download copyright protected files from the Internet without permission from the copyright holder. These files could include MP3, wav, midi, or other audio files; QuickTime, avi or other movie files; gif, jpeg or other picture files; as well as any other media files.
        2. Using Peer to Peer (P 2 P) programs, such as KaZaA to distribute music, videos, etc. without copyright permission is against the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/hr2281.pdf).
        3. The TMCC high speed network is a shared resource and primarily for academic or business use. The college reserves the right to revoke or restrict network access of individuals generating high network traffic which is not academically or business related (including but not limited to uploading and downloading copyright protected files).
    6. Enforcement:
      1. The college reserves the right to monitor network use for operational needs and to ensure compliance with applicable laws and college policies. The college has a legal duty to comply with applicable laws protecting the intellectual property rights of third parties and to respond to formal legal complaints that it receives.
      2. Information Technology staff are responsible for monitoring software compliance and may conduct periodic inventory of software installed on computers connected to the TMCC network. Any unauthorized or unlicensed software may be removed without the user's permission in order to protect the college from copyright violations.
      3. If a particular computer begins to consume excessive network resources, TMCC IT reserves the right to investigate and determine the cause for this excessive usage. TMCC IT can suspend, discontinue, limit or deny service without notice to anyone it determines is abusing the system. The Executive Director of Information Technology, the Director of Human Resources and/or the Associate Dean of Student Support Services will be notified of infractions depending on whether the infraction involves a TMCC employee or student. TMCC faculty and staff have the ability to explain any excessive usage to the Executive Director of Information Technology if a suspension of service has occurred.
      4. The college reserves the right to authorize removal of any illegal copyright material or disabling a user's account if the user represents a serious threat to system integrity or poses a liability to the college. The college may refer suspected violations of applicable law to appropriate law enforcement agencies.
      5. Suspected violations of these procedures or related statute should be reported to the TMCC IT Help Desk in an email message or letter addressed to: the Director of Information Technology. In reporting a violation, complainants should cite the specific section of these procedures that has been violated.
    7. If any provision of these procedures is ruled invalid under law, it shall be deemed modified or omitted solely to the extent necessary to come into compliance with said law, and the remainder of the policy shall continue in full force and effect.
  3. Originating Policy or Source: TMCC Copyright Infringement Policy
  4. Responsible Office: Information Technology
  5. Updated: February 2008

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