Copyright Guidelines

IX.  Liability for Online Activities

 

The Digital Millennium Copyright Act of 1998 requires universities who wish to obtain the liability protection available under the law to adopt and implement a policy that provides for the termination of the computer privileges of users who are repeat infringers with respect to online copyright violations.  In accord with that law, students who display a pattern of conduct in their use of the CUA computer network that creates legal liability for the university may have their computer privileges terminated.  For faculty and other staff, including graduate students performing a research or teaching function, the standard that the university will be advised to use to determine whether or not a pattern of conduct creates legal liability for the university will be as follows:

• If the university receives formal notification of copyright infringement due to the actions of a CUA employee using the CUA network, the university will notify the employee of the claimed infringement.

• It will be the burden of the employee to show that the alleged infringement is not a violation of the law.

• After two verified and actionable violations of the law, the computer privileges of the employee may be suspended or terminated by the cognizant academic authority.

 

Thus, in any case where doubt exists as to whether or not an online activity is copyright infringement, the Office of the General Counsel should be consulted.  Special care must be taken to obtain copyright permission for any electronic reserve materials, as well as any course materials distributed by e-mail.