1.09 USE OF COPYRIGHTED MATERIAL

Effective: August 15, 2024

Purpose: To ensure that University faculty, staff, and students do not engage in copyright infringement.

Scope: This policy applies to the University campus wide.

Responsible Office: Academic Affairs; Information Technology; General University

Policy Statement: It is the mission of Emporia State University to foster freedom of inquiry and expression through educational opportunities in a collegial atmosphere. The University intends that all members of the community abide by copyright law. Individuals should make sure that the use of copyrighted materials is allowed by copyright law, fair use guidelines, a license agreement, or the permission of the copyright owner. Proper acknowledgment of sources must be performed but does not remove the responsibility to adhere to copyright law by following fair use guidelines or obtaining permission. If copyright law is modified, the affected section of the University policy will be modified correspondingly following the appropriate protocol for policy modifications.

The University Copyright Committee shall develop, maintain and publish guidelines on the appropriate use of copyrighted materials. University Libraries and Archives will assist in submitting requested and required permissions for use and may be consulted regarding the duplication of print or non-print materials for such purposes as classroom instruction, reserving materials for student use, or for academic research. The Copyright Committee will work with University Libraries and Archives to provide educational experiences on copyright. The University General Counsel will provide advice to University Libraries and Archives and to individual University faculty and staff regarding copyright questions.

Digital Millenium Copyright Act

Policy Objectives

This policy sets forth University policy with regard to the Digital Millennium Copyright Act (“DMCA”) and specifically 17 U.S.C. Section 512(c). Emporia State University respects the rights of holders of copyrights, their agents and representatives, and implements appropriate policies and procedures to support these rights without infringing upon the legal use, by individuals, of those materials.

Policy

It may be a violation of copyright law to copy, distribute, display, exhibit or perform copyrighted works without authority of the owner of the copyright. It is University policy that users of Internet services and equipment provided by the University are responsible for their compliance with all copyright laws pertaining to information they place on or retrieve from the Internet. Information on copyright law and these rights can be found in a number of places, but general information can be found by visiting the following sites:

• United States Copyright Office (www.copyright.gov)
• Digital Millennium Copyright Act (https://www.copyright.gov/dmca/)

Designated Agent

The University’s Designated Agent to receive notifications of alleged infringement under the DMCA is:

Information Security Officer

Emporia State University

1 Kellogg Circle

Campus Box 4018 Emporia, KS 66801-5087

Voice 620-341-1200

Fax 620-341-5662

Email: iso@emporia.edu

Upon receipt of proper notification of claimed infringement, the University will follow the applicable procedures.

Complaint Requirements for Copyright Owners

The following elements, as set forth in 17 U.S.C. 512(c)(3), must be included in the DMCA copyright infringement claim:

• An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ESU to locate the material.
• Information reasonably sufficient to permit ESU to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to include all the above information may result in a delay of the processing of the DMCA notification.

Responsibilities

All individuals who use the University’s internet services are individually responsible for their compliance with copyright laws. All instances of reported copyright violations will be reported to the appropriate University authority in accordance with the University’s policy manual for possible disciplinary actions.

Notice and Takedown Procedure

Upon the Designated Agent’s receipt of proper notification of claimed copyright infringement, the Designated Agent will attempt to notify the user and Information Technology (IT). IT shall respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. The University will comply with the appropriate provisions of the DMCA in the event a counter notification is received.

Repeat Infringers

Under appropriate circumstances, IT may, at its discretion, terminate authorization of users of its system or network who are found to intentionally or repeatedly violate the copyright rights of others.

The Information Security Officer is responsible for monitoring and reporting compliance with this policy.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Academic Affairs, Information Technology, and General University procedures.

[Academic Affairs procedures - coming soon]

[General University procedures - coming soon]

[Information Technology procedures - coming soon]

Related Policy Information: [coming soon]