Reproduction of Copyrighted Works
The making of an electronic or paper copy of a copyrighted work by any means (photocopying, electronic reproduction, scanning, digitizing, etc.) constitutes reproduction that is governed by copyright law. The copyright principles that apply to the use of copyrighted works in electronic environments are the same as those that apply to such use in paper environments.
The reproduction or copying of a work subject to copyright protection typically requires the permission of the copyright owner. However, the copyright law recognizes that in certain situations, copyrighted work may be reproduced without the copyright owner’s consent. One such situation is where the doctrine of “fair use” applies.
The following four factors must be considered for determining “fair use”
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work
- The effect of the use upon the potential market for or value of the copyrighted work.
This information is included in the student catalog, codes of conduct, in addition to e-mail and/or paper disclosures.
Any unauthorized and verified distribution of copyrighted materials will be handled by the College Director and a disciplinary hearing may be called.
All students are aware of the media policy and are introduced to the policy at New Student Orientation. The media policy states that there is no expectation of privacy on the computers in use at the College for Technical Education. It is also understood that students have no recourse if found to be in violation of media policy.
An Academic committee may review the effectiveness of the plan to combat the unauthorized distribution of copyrighted materials on an outcome basis. A check of a “before and after” comparison of bandwidth, or relapsing into previous problem situations is a way to check on outcomes. The College reserves the right to use anti-plagiarism software to determine level of infringement.
The institution provides an annual notice on a one-to-one basis through a direct notice to each enrolled student. Any student involved in a copyright situation will be referred to the Director and the proper authorities.
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 and 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 Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ’s at www.copyright.gov/help/faq.
Family Educational Rights and Privacy Act of 1974
FERPA is a Federal law that applies to educational agencies and institutions that receive funding under a program administered by the U.S. Department of Education. The statute is found at 20 U.S.C. § 1232g and the Department’s regulations are found at 34 CFR Part 99.
The Family Educational Rights and Privacy Act of 1974 became effective November 20, 1974. The act denies federal funds to any institution that does not allow parents access to their children’s files. Parents must be allowed to inspect and review all materials that are incorporated into each student’s cumulative record. Parents must be granted a hearing to challenge the contents of the records if requested. After a student reaches age 18 or is attending an institution of postsecondary education, the rights that were the parents accrue to the student. The parent’s rights cease when the student reaches the age of 18. At that point all information can only be released to the student, or to whomever the student designates as being authorized to receive that information. Authorizations must be in writing and signed and dated by the student. Administrative and Academic personnel with legitimate education interest and need, have access to student records. For more information, contact the College Director.
Under FERPA, a school must provide an eligible student with an opportunity to inspect and review his or her education records within 45 days following its receipt of a request. A school is required to provide an eligible student with copies of education records, or make other arrangements, if a failure to do so would effectively prevent the student from obtaining access to the records. A case in point would be a situation in which the student does not live within commuting distance of the school.
A school is not generally required by FERPA to provide an eligible student with access to academic calendars, course syllabi, or general notices such as announcements of specific events or extra-curricular activities. That type of information is not generally directly related to an individual student and, therefore, does not meet the definition of an education record.
Under FERPA, a school is not required to provide information that is not maintained or to create education records in response to an eligible student's request. Accordingly, a school is not required to provide an eligible student with updates on his or her progress CTE Catalog 5.12.2023 9 in a course (including grade reports) or in school unless such information already exists in the form of an education record.
Pursuant to the Family Education Rights and Privacy Act of 1973 (FERPA), schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, email, program, status of enrollment, receipt or non-receipt of certificate, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. Students wishing to not have directory information released may complete a form through the Registrar at the college.