Lone Star College's Copyright Infringement Notice to Students
This communication ("Notice") formally places all students on official notice of College policies and sanctions related to copyright infringement.
Under federal law, Lone Star College must notify all students that (i) unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may result in civil and criminal liabilities; (ii) violating federal copyright laws may result in severe penalties; and (iii) violating College policies with respect to unauthorized peer-to-peer file sharing through the College’s technology system (e-mails, uploads, downloads, etc.) may result in disciplinary sanctions. 20 U.S.C. § 1092(a)(1).
Copyright protects the rights of authors of literary, dramatic, musical, artistic, and certain intellectual works. 17 U.S.C. § 102(a).
According to College Policy, a copyright is defined as “the exclusive right to reproduce, distribute, display, perform, or create derivative copyrightable works.” College Board Policy Manual Section IV.H.1.2(b).
II. What Acts Constitute Infringement of a Copyright?
Infringement of an author’s copyright occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a copied work without the copyright owner’s permission. Students should avoid unauthorized uploading and downloading of copyrighted works. Infringement of copyrighted material may occur through substantial copying of material, reprinting or scanning of material, uploading or downloading of material, or similar acts. Intent to infringe another’s copyright is not necessary for a finding of liability. 17 U.S.C. § 501.
Students should also avoid exchanging copyrighted materials through the College technology system. Peer-to-peer file sharing is distributing and sharing digital media using peer-to-peer networking technology, including applications allowing users to use the Internet to exchange files with each other directly or through an intermediary server.
Any copying or sharing of copyrighted materials—through uploading, downloading, peer-to-peer sharing, or the like—violates federal law and can result in civil and criminal liability.
III. College Policy and Penalties on Copyright Infringement.
All members of the System community, including faculty, staff, students, and volunteers, must become knowledgeable about and take action to respect the legal rights of copyright owners, and refrain from actions that constitute an infringement of copyright or other proprietary rights.
Therefore, LSCS employees may not copy, distribute, sell, reproduce or revise, copyright protected materials unless the use is specifically permitted by:
The U.S. Copyright Act;
Fair use guidelines issued interpreting the requirements of the law;
Express terms of licenses or contractual agreements; or
Written permission of the copyright owner.
College Board Policy Manual Section IV.H.2.3 – Copyright Policy Violations Faculty, staff, and other employees, who willfully disregard this Copyright Policy, place themselves individually at risk of legal action. In such cases, the System may refuse to defend the employee named in the court suit and in these suits the employee may incur personal liability.
College Board Policy Manual Section VIII.A.1.4. – Prohibited Use of Computer Systems.
The following conduct by users of LSC information technology resources will be treated as a violation of this policy and may subject the user to discipline, including loss of computing privileges, up to and including termination for an LSC employee and dismissal for a student:
(e) The transmission of copyrighted materials without the written permission of the author or creator through System e-mail or any other method for information transmission in violation of U.S. copyright law (See Board Policy Manual, Section VIII).
a. The Lone Star College System is bound by the Digital Millennium Copyright Act.
The Digital Millennium Copyright Acthas specific requirements which must be met in the notification before the claim of infringement can be considered. These ‘Elements of Notification’ are listed below.
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the [copyright] owner...
Identification of the copyrighted work claimed to have been infringed ...
Identification of the material that is claimed to be infringing ... and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address...
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
V. Copyright Infringements
To report copyright infringements on the website of the Lone Star College System or the web sites of any component institutions (LSC-CyFair, LSC-Houston North, LSC-Kingwood, LSC-Montgomery, LSC-North Harris, LSC-Tomball, or LSC-University Park), please notify:
Information Security Officer