Pacific Bible College (PBC) has developed the following plan to effectively combat the unauthorized distribution of copyrighted material by users of PBC’s network, without unduly interfering with educational and research use of the network. The plan includes the following:
1. The Use of One or More Technology-based Deterrents
We accept and respond to Digital Millennium Copyright Act (DMCA) notices. The College’s policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are the following:
The process begins when a copyright holder (or someone acting on their behalf) submits a Digital Millennium Copyright Act (“DMCA”) takedown notice to us, claiming that their content is published without their permission. They can submit a DMCA takedown notice via email or printed letter. Once we receive the notice we will:
- Review the notice.
- If the notice is complete and valid, we notify the party using the content of the violation and remove the content.
- We reply to the copyright holder to let them know we took action on their DMCA notice.
- We provide additional training on copyright material usage to the violating party.
- If the party that used the materials believes they have rights to use the content or that the notice was submitted incorrectly, we will review and process their counter notice.
- We will allow the party to use the content as originally specified if the copyright holder doesn’t take further legal action within 14 calendar days.
2. Mechanisms for Educating and Informing its Community About Appropriate Versus Inappropriate Use of Copyrighted Material
- We provide links to the United States Copy Right Office, Cornell University Copyright Information Center, and the Columbia University Copyright Advisory Office. Each of these websites provide a through overview of copy right laws and guidelines for use of copyrighted materials. See below.
- Student orientation sessions include training on how to determine appropriate versus inappropriate use of copyrighted material.
3. Procedures for Handling Unauthorized Distribution of Copyrighted Material, Including Disciplinary Procedures
- To be in compliance with the Digital Millennium Copyright Act (DMCA), the college has designated the PBC Librarian as the person who receive notices of copyright infringement from copyright owners. If the college receives notification from a copyright owner that a network user has engaged in infringing activity, it will investigate the complaint, and, if appropriate, notify the user to take down the offending material and cease from engaging in such conduct. In addition, if the user violates copyright law by engaging in unauthorized file sharing, illegal downloading or unauthorized distribution of copyrighted materials using the school’s information technology system, the user may be subject to discipline under the college’s disciplinary procedures as specified in appropriate handbooks (student, faculty or employee).
- Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws 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. For more information, please see the website of the U.S. Copyright Office at (www.copyright.gov).
4. Procedures for Periodically Reviewing the Effectiveness of the Plans to Combat the Unauthorized Distribution of Copyrighted Materials by Users of the Institution’s Network Using Relevant Assessment Criteria
The Chief Academic Officer and Librarian will meet annually to review the effectiveness of PBC’s plans to prevent unauthorized distribution of copyrighted materials. They will assess the effectiveness of the college’s plans to combat the unauthorized use of the campus network to acquire copyrighted material using two criteria. First, they will review the number of DCMA notices that have been received by the college and the number of copyright violations detected through investigations of such notices. Second, they will review the technology usage policies and electronic prevention strategies for effectiveness in preventing unauthorized distribution of copyrighted materials.
5. Procedures to Periodically Review the Legal Alternatives for Downloading or Otherwise Acquiring Copyrighted Material
The Recording Industry Association of America (RIAA) provides students and educators with recommendations for legal alternatives for listening or downloading music. The college’s copyright information page will always contain a link to this information for the campus community. In addition, the following link covers Peer-to-Peer File Sharing and Copyright Law. Students, faculty and staff can access other legal sources of online content at EDUCAUSE.
6. Procedures to Periodically Notify the Community of Institutional Policies and Sanctions Related to Copyright Infringement
The college will provide the community with an annual communication that includes:
- A statement that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject community members to civil and criminal liabilities;
- A summary of the penalties for violation of Federal copyright laws;
- A description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against community members who engage in illegal downloading or unauthorized distribution of copyrighted materials using the college’s network and technology infrastructure; and
- The location on the college’s website describing the legal alternatives for downloading or otherwise acquiring copyrighted material.