LDS Business College (“College”) administration, faculty, staff (including student employees), and volunteers (“College Personnel”) are expected to respect the rights of copyright owners as established by relevant state and federal laws. College Personnel or students who disregard this Copyright Policy may be in violation of the Church Educational System Honor Code, may jeopardize their employment, may place themselves and the College at risk for possible legal action, and may incur personal liability.
The U.S. Constitution provides the legal foundation upon which copyright law is based. Copyright owners have the exclusive right to reproduce, distribute, modify, display, and publicly perform their works. Because of advances in technology, individuals must increasingly be aware of copyright implications when using a wide range of materials. Copyright violations related to copying printed materials, materials in digital format, audio and video recordings, music, internet transmissions, and computer programs and databases, create potential legal liability for the College and the individuals involved.
All College Personnel and students are expected to make a good faith effort to respect the rights of copyright owners by the exercise of the following principles:
- Most materials (regardless of form, format, or notice) are copyrighted. Copyrighted materials may include print publications, works of art, photographs, music, sound recordings, and video recordings. If you cannot determine that a particular work is not copyrighted, you should assume that it is.
- Permission may be required for reproducing, distributing, modifying, displaying, and performing all copyrighted works. If permission is required and granted, follow all of grantor’s instructions. If permission is denied, do not use the materials. Permission may not be required if the use falls within certain exceptions under the law. For example:
- Some uses may be permitted under the “fair use” doctrine (codified in 17 U.S.C. §107) in certain circumstances and for specific purposes if the weighing of several factors favors a reasoned conclusion for fair use. To act in “good faith” an individual should consider the Fair Use to determine if the intended use is fair use. These factors include (i) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (ii) the nature of the copyrighted work; (iii) the amount and substantiality of the portion taken in relation to the copyrighted material as a whole; and (iv) the effect of the use upon the potential market for or value of the copyrighted material.
- Educators and students may perform or display (not copy) a copyrighted work in the course of face-to-face teaching at a non-profit educational institution in a classroom or other place normally devoted to instruction (codified in 17 U.S.C. §110)
- Certain library reproduction rights (codified in 17 U.S.C. §108).
- Ultimate responsibility for obtaining permission(s) and/or determining exceptions rests with the individual. College Personnel and students should be honest and show respect for others, especially in decisions and choices requiring subjective judgments, as is often the case in copyright decisions.
- The College is the copyright owner of works produced by and/or for the College. A copyright notice identifying LDS Business College (see example below) as the copyright owner should be included on all publications and other items produced by and/or for departments, divisions, and all groups owned, operated, or sponsored by LDS Business College.
© 2014 [or most current year] by LDS Business College
For more information see the Intellectual Property Policy.
Digital Media Use
College Personnel and students are reminded that unauthorized copying and distribution of copyrighted materials, including unauthorized peer-to-peer file sharing, may incur civil and/or criminal liabilities.
Penalties for those found liable for copyright infringement may include being ordered by a court of competent jurisdiction to pay actual damages and “statutory” damages ranging from $750 to $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed in addition to costs and attorney’s fees. Willful infringement may also result in imprisonment of up to five years and fines of up to $250,000 per offense should the court impose criminal penalties.
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 on the Copyright Act located at Title 17 of the United States Code. These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without permission may constitute infringement.
Activities such as uploading or downloading unauthorized copies of text, movies, games, computer software, and music (or any other material protected by copyright) may also incur serious personal consequences such as terminating your College computer privileges or affecting your status at the College.