Copyright Laws

The TBCC library supports compliance with copyright law for the protection of the institution and of employees as both creators and users of copyright protected works. The college requires TBCC faculty, staff and students to observe federal law regarding the use of copyright protected materials.

The issue of P2P file sharing is receiving increasing attention in the U.S. and around the world. P2P file.sharing is not itself illegal. However, it is often used for unauthorized downloading and uploading of copyright-protected material such as music, video games, computer software and photographs. Several courts have determined that substantial P2P file sharing of copyright-protected works generally does not fall within the fair use defense.

Students who engage in substantial P2P file sharing of copyright-protected materials may be subject to serious liability. Colleges are under no obligation to accept responsibility for, or to help defend, the activities of students in illegal file sharing.

Reproducing, republishing or redistributing the work of a copyright holder without permission, may be violating or infringing on the holder’s rights under the copyright act.

If the copyright holder has registered the work with the U.S. copyright office prior to the infringement, the copyright holder may sue for compensation. Court-ordered compensation may include damages such as lost profits from the infringing activity or statutory damages ranging from $ 250 to $150,000 plus attorney fees for each infringing copy. Higher damages may be awarded if the court feels the infringement was committed “willfully.”

Acceptable Use of Computing Resources

The unauthorized use of resources is prohibited and, in many cases, may be in violation of the law. Unauthorized use includes, but is not limited to, the following types of activities:

A. Harassment or threats to specific individuals, or a class of individuals:

Transmitting unsolicited information containing obscene, indecent, lewd, lascivious material or other material which explicitly or implicitly refers to sexual conduct.
Using e-mail, newsgroups, or other social media to threaten or stalk someone.
Transmitting unsolicited information that contains profane language or panders to bigotry, sexism, or other forms of prohibited discrimination.

B. Interference or impairment to the activities of others:

Creating, modifying, executing, or retransmitting any computer program or instructions intended to: (a) obscure the true identity of the sender of electronic mail or electronic messages, such as the forgery of electronic mail or the alteration of system or user data used to identify the sender of electronic e-mail; (b) bypass, subvert, or otherwise render ineffective the security or access control measures on any network or computer system without the permission of the owner; or (c) examine or collect data from the network (e.g., a “network sniffer” program).
Allowing unauthorized persons or organizations access to computer accounts or TBCC network resources. Users are responsible for the appropriate use of all college computer access and accounts assigned them and must take all reasonable precautions, including password maintenance and file protection measures, to prevent unauthorized use. Users must not share passwords with anyone else or provide access to network resources to unauthorized persons.
Communicating or using any password, personal identification number, credit card number, or other personal or financial information without the permission of its owner.

C. Unauthorized access and use of the resources of others:

Use of college computer resources to gain unauthorized access to resources of this or other institutions, organizations, or individuals.
Use of false or misleading information for the purpose of obtaining access to unauthorized resources.
Accessing, altering, copying, moving, or removing information, proprietary software or other files (including programs, libraries, data, and electronic mail) from any network system or files of other users without prior authorization.
Making unauthorized copies of copyrighted materials. Users should assume all software, graphic images, music, and the like are copyrighted. Copying, downloading, or peer-to-peer file sharing of copyrighted materials without the authorization of the copyright owner is against the law, and may result in civil and criminal penalties, including fines and imprisonment

D. Damage or impairment of college resources:

Use of any resource irresponsibly or in a manner that adversely affects the work of others. This includes intentionally, recklessly, or negligently (a) damaging any system (e.g., by the introduction of any so-called “virus,” “worm,” or “trojan-horse” program), (b) damaging or violating the privacy of information belonging to others, or (c) misusing or allowing misuse of system resources.
Use of college resources for non-college related activities that unduly increase network load (e.g., non-business or -education related email, chain mail, network games, and spamming).

E. Unauthorized commercial activities:

Using college resources for one’s own commercial gain, or for other commercial purposes not officially approved by the college, including web ads.
Using college resources to operate or support a non-college related business.
Use of college resources in a manner inconsistent with the college’s contractual obligations to suppliers of those resources or with any published college policy.

F. Violation of city, state, or federal laws:

Pirating software, music, and images.
Affecting or receiving unauthorized electronic transfer of funds.
Disseminating child pornography or other obscene material.
Violating any laws or participating in the commission or furtherance of any crime or other unlawful or improper purpose.

When inappropriate use of computer resources occurs

The use of college resources is a privilege. The resources have always been, and will remain, the property of the college.

It is each user’s responsibility to promptly report any violation of this policy to the IT director. Reports of unauthorized use or misuse of computer resources will be investigated pursuant to standard college procedures. All illegal activities will be reported to local, state, or federal authorities, as appropriate, for investigation and prosecution. While the college desires to maintain user privacy and avoid the unnecessary interruption of user activities, the college, at the direction of the college president, reserves the right to investigate any suspected unauthorized or improper use of college resources (as described above). As directed by the college president, investigations may be initiated which could include the inspection of data stored or transmitted on the network. In the event that use is determined to be contrary to college policy or applicable law, appropriate measures will be taken. These measures may include, but are not limited to, permanent or temporary suspension of user privileges, deletion of files, disconnection from the TBCC network, referral to student or employee disciplinary processes, and cooperating with the appropriate law enforcement officials and government agencies.

Information on applicable laws and statutes

All users of the college computer and information resources are expected to be familiar with and to abide by college Policies, as well as local, state, and federal laws relating to electronic media, copyrights, privacy, and security.

In accordance with civil liability laws, persons found to have committed copyright infringement may be held liable for substantial damages and attorneys’ fees. The law entitles a plaintiff to seek statutory damages of $150,000 for each act of willful infringement. In the cases filed by the riaa against students at Princeton, rpi, and Michigan Tech, the recording industry sued for damages of $150,000 for each recording infringed.

Copyright infringement also carries criminal penalties under the federal No Electronic Theft Act. Depending on the number and value of the products exchanged, penalties for a first offense may be as high as three years in prison and a fine of $250,000. TBCC is not the police; however, TBCC will cooperate with the law enforcement agencies when required.

As a condition of being granted internet and network access, employees of the college complete and sign a user agreement affirming an understanding and intention to abide by these acceptable use guidelines. A summary of these guidelines are also posted at various locations across campus where they are freely accessible by students and other non-employee users.

Questions relating to this policy

The examples of unauthorized use set forth above are not meant to be exhaustive. Whenever in doubt regarding an issue of questionable use, it is in the user’s best interest to resolve the issue before pursuing any questionable use of college computing resources. Questions of appropriate use should be addressed to the IT department.

Copyright Permission Exceptions

Permission must be obtained from the copyright owner to copy, distribute, display or perform a copyrighted work unless its usage falls in one of the following exemptions.

Fair Use

To ensure a balance of the rights of copyright owners and the public interest, the law allows you to use copyrighted works without permission – regardless of medium – when evaluation of the circumstances suggests the use is fair.

This “fair use” provision of copyright law does not provide hard and fast rules to tell you whether a use qualifies as fair. Instead, the unique facts regarding a use lead you to a reasoned conclusion.
There are four fair use factors that need to be considered in any fair use assessment. Examining the four fair use factors in some detail is helpful in assessing whether a particular use would be considered fair use by a court.

Fair Use Factors

PURPOSE AND CHARACTER: If your use is for teaching at a nonprofit educational institution, this is a factor favoring fair use. The scale tips further in favor of fair use if access is restricted to
your students. However, nonprofit or noncommercial status does not guarantee application of fair use.
NATURE OF COPYRIGHTED WORK: Is the work fact-based, published or out-of-print? These factors weight in favor of fair use. The more creative the work, the stronger the copyright
protection.
AMOUNT USED: Using a small portion of a whole work would weigh toward fairness. Sometimes it may be fair to use an entire work (such as an image) if it is needed for your instructional purpose.
MARKET EFFECT: A use is more likely to be fair if it does not harm the potential market for or value of the copyrighted work. Harm towards potential market for or value of can weigh more
heavily against fair use than the other factors.

“To negate fair use,” the Supreme Court has said that one need only to show that if the challenged use “should become widespread, it would adversely affect the potential market for the copyrighted work.”

Consider each of these factors, but all of them do not have to be favorable to make your use a fair one. When the factors in the aggregate weigh toward fairness, your use is better justified. When the factors tip the scales in the other direction, your need to obtain permission from the copyright holder increases.

Face-to-Face Teaching Exemption

The Copyright Act permits the performance or display of copyrighted materials during face-to-face teaching activities without getting the author’s permission. This exemption does not permit copying or distributing a work, only displaying or performing it within the confines of the face-to-face teaching environment.

Teach Act

The Technology, Education, and Copyright Harmonization (TEACH) Act amended the copyright law to extend the face-to-face teaching exemption to online provided that the following conditions are met.

The online instruction is mediated by an instructor.
The transmission of the material is intended for receipt by students enrolled in the course.
Measures have been employed to prevent “retention of the work in accessible form by recipients of the transmission… for longer than the class session.”
Measures are in place that limit the transmissions of the material to students enrolled in the particular course and precludes unauthorized student retention and/or downstream redistribution “to the extent technologically feasible.”
These parameters do not allow for entire hard copy textbooks to be digitized or materials that are produced by the copyright owner for online instructional sales.
Digitizing of analog works is permitted only if the work is not already available in digital form. These benefits are available to educators who comply with the many and diverse requirements of the copyright law.