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Appendix D – Enforcement of Copyright


Regulations

COPYRIGHT

Current international law states that all original work is protected by copyright regardless of whether or not a copyright notice is attached. This includes unpublished manuscripts, news reports, public speeches, personal correspondence, photographs, graphic images, music, videos, computer software, and of course, published journals and monographs and any other physical expression of an idea.

To be free of copyright an author (or subsequent copyright owner) must state explicitly that the work has been placed in the public domain. Any person violating copyright policies is in violation of Skidmore’s copyright policy.

PRINT VIOLATIONS

(From U.S Copyright Office. Library of Congress. "Copyright Basics: What Works Are Protected?" http://lcweb.loc.gov/copyright/circs/circ1.html#wwp, June 1999)

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Use of the following categories of works without permission of the copyright holder will be in violation copyright law and of this policy statement.
  1. literary works;
  2. musical works, including any accompanying words
  3. dramatic works, including any accompanying music
  4. pantomimes and choreographic works
  5. pictorial, graphic, and sculptural works
  6. motion pictures and other audiovisual works
  7. sound recordings
  8. architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

WEB VIOLATIONS

Forgery & Misinterpretation

Just as it is possible for someone to forge a signature on a paper document, one can make it appear as though a different person created a web page. The College views such practices as a violation of this policy statement.


FTP Violations


Creating FTP sites that distribute copyrighted information such as music, images, etc. is a serious violation of this policy statement.


RESPONSE TO CLAIMED VIOLATIONS

The DMCA agent (see ‘Web’ below) or person or office receiving the infringement notification will address the suspected violation. If necessary, the violation will be reported to the appropriate authority for investigation and adjudication as follows:

For Faculty: The Dean of the Faculty
For Administration & Staff: The immediate office director and supervisor.
For Students: The Dean of Student Affairs for action or delegation under the Student Handbook to the Academic Integrity Board if the violation is related to a Skidmore course or to the Social Integrity Board if the violation is related to action not connected to a Skidmore course.
For Union Personnel: Human Resources Director.
All members of the College: All members of the College: Any member of the College who believes that improper use of web pages has violated their academic freedom may present their case to the Committee on Academic Freedoms and Rights.

Web

When the agent to receive statutory notices about infringements under the Digital Millennium Copyright Act receives a report of suspected copyright violation, he/she will "respond expeditiously to remove, or disable access to, the material that is claimed to be infringing."

The Center for Information Technology Services (IT) will temporarily disable a user's account if it reasonably believes that the user represents a serious on-going threat to copyright violation or a violation of this policy statement.

July 2002