Student Handbook

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Copyright Infringement

Marion Technical College complies with the U.S. Copyright Law (Title 17, U.S. Code). To this end, all Marion Technical College students, faculty, and staff are expected to adhere to and respect the provisions of this law. Failure to do so may result in individual liability for copyright infringement.

The Laws

Illegal distribution of copyrighted material, including unauthorized peer-to-peer (P2P) file sharing, may subject you to civil and criminal liabilities and/or college disciplinary action. This information is provided to help you understand what is legal and what is not. Use the links in this document to learn more.

The 1998 Digital Millennium Copyright Act (DMCA) makes it illegal to copy or share intellectual property without the permission of the copyright owner. This includes music, videos, games, software, and other materials. Manufacturers, publishers, copyright holders, and individuals use access control technologies, referred to as Digital Rights Management (DRM), to control the usage of digital content and devices.

The 2008 Higher Education Opportunity Act (H.R. 4137) (HEOA) is a reauthorization of the Higher Education Act of 1965. It includes provisions intended to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer file sharing.

Copyright Infringement

It is copyright infringement to reproduce, distribute, perform, publicly display, or create a derivative work using any copyrighted work without the permission of the copyright owner. There are civil and criminal penalties for copyright infringement. Record and motion picture companies are suing college students for downloading and sharing music and movie files without authorization. Marion Technical College (MTC) adheres to the regulations and guidelines outlined by the DMCA and HEOA. Copyright infringement is against the law and in violation of MTC’s computer user agreement. Such activity could subject you to legal and/or college disciplinary action.

Peer-to-peer sharing of copyrighted material without the copyright holder's permission is illegal, whether you download or serve it. In most cases, the software you use to download files automatically makes your machine into a server. You may be serving files without realizing it.

Under federal law, copyright infringement does not require intent or knowledge on the part of the alleged infringer. “Peer-to-peer” (P2P) programs are designed to allow for the sharing of files. When you download a file using those types of applications, it will generally be stored in a manner that can be accessed by others. Many of the files found on such sites are made available for downloading and sharing without the copyright holder’s permission. To protect themselves from liability, peer-to-peer programs may include a disclaimer stating that they do not condone copyright infringement, and disclaiming any liability for downloading and sharing of files in violation of copyright law. That does not exempt you from liability.

Educause, a nonprofit association whose mission is to advance higher education by promoting the intelligent use of information technology, provides links to sources for legal downloading. Generally, these services have some kind of revenue: simple sales, monthly fees, or advertising. See Legal Sources of Online Content.

The doctrine of fair use provides for limited sharing of copyrighted materials, especially in an academic setting. However, the vast majority of online music and movie sharing does not meet the criteria for fair use.

Prevention and Sanctions

To curb illegal file sharing, the Recording Industry of America (RIAA), a trade group made up of copyright holders such as Sony and RCA, use automated methods to detect even small amounts of sharing. They track an “offender” through the Internet Protocol (IP) address assigned by the Internet Service Provider (ISP). When the RIAA detects infringing activity, it notifies the ISP which is MTC in this case.

When MTC receives notification that an IP address on its network has been used to violate a copyright, it reviews its network activity records to validate the legitimacy of the complaint. If the complaint appears valid, the college suspends the offending computer’s network access until the infringing material is removed. First offenders regain network access once proof of removal is provided and an acknowledgement is signed. Repeat offenders will be dealt with through the appropriate disciplinary process.

The college notifies the sender of the Notice that, a) appropriate removal actions have been taken, or b) the allegation could not be validated through network activity records. The college does not provide any user identifying information to the sender of the notice unless the notice is accompanied or followed by a lawfully issued subpoena. Likewise, the college does not forward a copy of the notice itself to the alleged infringer.

In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages of 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. Costs and attorneys' fees may also be assessed. 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, see Copyright Infringement - Penalties on the U.S. Department of Justice site. If an individual uses MTC’s information technology systems in violation of any laws or college policies, rules, or user agreements, the college may take disciplinary action.

Students Using Accessible Text Materials as an Accommodation

For any student who is eligible to use accessible text materials (alternative formats) as an accommodation for a documented print disability, the materials are provided with the understanding and the student agrees to:

  1. The alternative format is for use only by the student in connection with a course in which they are registered.
  2. The text is a required text for the course.
  3. The student has a disability that prevents them from using only the print version of the text. Documentation is on file in Disability Services about this disability.
  4. The text has been purchased by the student and will be kept for the length of time the student uses the alternative format.
  5. The student will use the alternative format in a specialized format solely for his or her own educational purposes.
  6. The student will not copy, duplicate, or distribute the alternative format for use by others. Do no post on websites.
  7. The Disability Services office may need to disclose the student’s name and contact information upon request of the publisher.

These stipulations are made in accordance with the Copyright Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et Seq.). Violation of any of these agreements may result in a violation of the student code of conduct and/or criminal charges. If a student has any questions about their use of alternative formatted materials, they should contact Disability Services at ds@mtc.edu or (740) 389-4636 ext. 4222.