Permissible use of intellectual property, such as materials protected by copyright, is determined in part by the ownership rights in those materials. As members of the Brigham Young University–Hawaii ("BYU–Hawaii" or "university") campus community both produce and consume intellectual property, BYU–Hawaii recognizes the value of rights afforded by the copyright laws of the United States. BYU–Hawaii community members should be aware of various copyright implications when using third-party materials. Copyright violations related to printed materials, materials in digital format, audio and video recordings, music, internet transmissions, computer programs, and databases, or other types of materials create potential legal liability.
BYU–Hawaii seeks to foster an environment of compliance with applicable copyright law and encourages all members of the university community to respect the rights of copyright owners. Members of the BYU–Hawaii community who make use of copyrighted works are responsible for compliance with all applicable copyright laws. In some cases, individuals may be required to determine whether a desired use qualifies for one or more copyright law exemptions or exceptions.
The proper procedures for making changes to this policy are given in Table 1 of the Academic Governance Policy as follows:
Major Revision: Category G
Minor Revision: Category O
Elimination: Category G
3.1 Copyright Notification to Student Body
BYU–Hawaii will provide an annual notification to its student body that contains the following:
(1) a statement that unauthorized distribution of copyright materials may bring civil and criminal penalties,
(2) a summary of the penalties for violating copyright law, and
(3) a description of specific related institutional policies.
3.2 General Principles for Use of Copyrighted Materials
All members of the BYU–Hawaii community—faculty, staff, students, missionaries, volunteers, and patrons—are expected to make an honest and good faith effort to respect the rights of copyright owners, including the responsible, good faith exercise of the following principles:
3.2.1 Assume Copyright Protection
Many works (regardless of form, format, or copyright notice) are protected by copyright. If one cannot determine that a particular work is not protected by copyright, then one should assume that it is protected.
Permission from the copyright owner is generally needed before copying, transmitting, distributing, adapting, displaying, or performing copyrighted works. Permission, however, may not be needed if the proposed use falls within applicable exemptions or exceptions, such as fair use (17 U.S.C. §107), permissible classroom display or performance (17 U.S.C. §110(1)(2)), or certain library reproduction rights (17 U.S.C. §108).
3.3 Copyright Guidelines and Information
Members of the BYU–Hawaii community should be honest and show respect for others, especially in decisions and choices requiring subjective judgments, as is often the case in copyright decisions. Members of the BYU–Hawaii community who disregard this Copyright Policy may violate the Honor Code and the terms of their employment; may place themselves at risk for possible legal and/or adverse employment action; and may incur personal liability.
3.4 Notification of Claims of Copyright Infringement
The University Librarian is BYU–Hawaii’s Designated Agent under the Digital Millennium Copyright Act (DMCA) to receive notifications of claimed infringement occurring on university systems or networks. The BYU–Hawaii DMCA Designated Agent contact information is as follows:
Michael H. Aldrich, University Librarian
55-220 Kulanui Street Bldg #5
Laie, HI 96762-1293
To be considered, all such notifications should satisfy current legal requirements set forth in 17 U.S.C. § 512(c)(3)(A).
3.5 Copyright Infringement and Repeat Infringers
The university reserves the right to conduct inquiries to determine whether the activities of any user or account holder of the university’s computer systems appear to be infringing on third-party intellectual property rights, including rights granted under copyright law. If BYU–Hawaii determines that any users have infringed the valid copyrights of others, such users, subscribers and/or account holders may be contacted and appropriate action taken.
In accordance with the DMCA and other applicable law, BYU–Hawaii may terminate, in appropriate circumstances, access to university computer systems, electronic networks and/or services provided to any user or account holder who has repeatedly and/or intentionally infringed copyrights. Appropriate circumstances may exist where:
- A user or account holder of university computer systems or networks has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on multiple occasions, i.e., a repeat infringer;
- The university has received multiple valid, effective and uncontested notifications alleging that a user or account holder of the university’s systems or networks has committed copyright infringement using the university’s systems or networks; or,
- A user has engaged in flagrant abuse of access to the Internet using the university’s systems or networks (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works).
Further, where the university has a reasonable suspicion or actual knowledge of infringing material residing on a system or network controlled by the university, the university may remove or disable access to the material on a temporary or permanent basis.
Users violating university copyright policies may be subject to disciplinary action up to and including warnings, suspension, and termination of university status and/or employment where applicable. BYU–Hawaii expressly reserves the right to terminate or suspend a user’s or account holder’s computer and network access if BYU–Hawaii, in its sole judgment, believes that circumstances relating to the infringement of third-party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights BYU–Hawaii may have under law, contract, or policy.
3.6 Written Plan for Unauthorized Peer to Peer File Sharing
BYU–Hawaii will create and maintain a written plan to address the unauthorized use and infringement of copyrighted materials by all users of BYU–Hawaii computer systems or networks. Details concerning the operation of the plan may be obtained by contacting the University Librarian.
3.7 Public Performance on Campus
Copyright law generally requires permission for the public performance of any copyrighted film, media, or dramatic or musical works unless a legal exemption or exception applies. For instance, public movie showings on campus that are not within the course of face-to-face teaching activities in a classroom (e.g., for entertainment) generally require a license from the respective copyright holder.
3.8 Copyright Assistance
For copyright guidance, including limitations and exceptions which may apply to all media in certain situations, please contact the university library.
4. RELATED POLICIES AND PROCEDURES
Executive Sponsor: Academic Vice President
Approved by President’s Council: 03/9/2020
Full revision history maintained by Human Resources.