Digital Millennium Copyright Act (DMCA) Notification and Response Plan
In compliance with additional requirements of the Higher Education Opportunity Act (HEOA) of 2008 and the Digital Millennium Copyright Act (DMCA), Saybrook University maintains a policy against the unlawful file sharing of materials with a copyright. Saybrook University requires students, employees, and visitors using Saybrook’s equipment, systems, networks, or computers to comply with pertinent U.S. and international copyright laws. Failure to comply with the policies in the DMCA plan may result in disciplinary action as well as civil and criminal penalties.
Reproduction of Materials
The photocopying or reproduction by other means of copyrighted materials is a right granted under the federal Copyright Act that defines the rights of a copyright holder and how they may be enforced against an infringer. The unauthorized reproduction and distribution of copyrighted material is strictly prohibited. Students identified as having violated this policy may be subject to disciplinary action, up to and including but not limited to dismissal from the institution, or legal action as appropriate, or both.
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 of the Copyright Act (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 authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
All students of Saybrook University are subject to the restrictions imposed by the Copyright Act. The copyright law applies to all forms of photocopying, whether it is undertaken at a commercial copying center, at the school’s copying facilities, or at a self-service machine. In the opinion of Saybrook University, copying a chapter of a book – and therefore, the entire book – would be considered copyright infringement. Students must exercise prudent judgment when reproducing the works of others so as to not violate the copyright law. Any concern about a student’s reproduction of materials should be brought to the attention of the student’s Department Chair, Specialization Coordinator, or Assistant Vice President for Student Affairs. For more information, please visit U.S. Copyright Office website and FAQs.
Any student who engages in copyright violations, copyright infringement, unauthorized peer-to-peer file sharing, illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system may be subject to Programmatic, Departmental, University, Civil and Criminal liabilities.