Information Management and Technology

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The college’s Copyright and Peer-to-Peer Sharing policy is to establish guidelines for faculty, staff, and students whose work requires the reproduction, use, display, or distribution of any copyrighted or licensed material. The guidelines within the college’s policies affirm the proper use of such material in compliance with the Copyright Act, Title 17, United States Code that governs reproductions of copyrighted material. Williamson does not condone or support any form of copyright infringement.

The copyright law is in place to foster a balance between the creation and dissemination of information, so individuals are encouraged to make use of copyrighted information in a reasonable and lawful manner. It is understood that during the course of their work, research, and/or instruction, faculty, staff and students of the college may need to reproduce copyrighted information for use or distribution of that information.

The Fair Use Doctrine: There are certain circumstances under the Copyright Act where it is permissible to reproduce or display copyrighted works without the permission of the copyright owner. These circumstances are governed by the “Fair Use” doctrine. The following factors are considered when determining if duplication or use of copyrighted material by a third party constitutes a fair use:

  • The Purpose and Character of the Use, including whether the use is of a commercial nature or is for Nonprofit Educational Purposes: A nonprofit educational purpose or noncommercial use generally allows for the fair use of the copyright material.
  • The Nature of the Copyrighted Work generally falls into the categories of published or unpublished, fact or fiction. Published factual works, such as books, dictionaries, or other factual works, by their nature more readily support a finding of fair use than do unpublished works or non-factual, fictional, creative works.
  • Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole: If the portion of the work copied or used in relation to the entire work is quantitatively and qualitatively insignificant a case can be made for fair use. Copying of a minor portion of a work however may be found to in violation if the portion constitutes the essence or critical part of the copied work. In such cases, users should post links to articles and materials whenever possible rather than duplicating complete works.
  • The Effect of the Use upon the Potential Market for or Value of the Copyrighted Work: This factor is considered the most important element under the fair use analysis. Duplication or use of a copyrighted work that is not detrimental to and does not diminish the potential market for the work will support the fair use policy.

Fair Use Guidelines:

Audiovisuals

Permitted Uses: Legally produced and obtained audiovisual works may be used in nonprofit educational institutions under the following conditions:

  • The work must be part of the educational program;
  • The work must be shown by a student, instructor, or guest lecturer;
  • The work must be shown in a classroom or other school location devoted to instruction;
  • The work must be shown only to students in the class, that is, no guest viewing the work for entertainment or enrichment.

Prohibited Use of Audiovisuals: Use is prohibited in nonprofit educational institutions when:

  • The work is used for entertainment, recreation, or even cultural or intellectual value unrelated to teaching activities;
  • The work is transmitted by radio or television (this includes closed circuit) from an outside location;
  • The work is shown in an auditorium before an audience not confined to students.

Off-Air Taping

Permitted Uses: Off-air taping (tape or other electronic means) has specific regulations that permit classroom use:

  • The material may be retained for 45 days from the airing, but then must be erased;
  • The material may be shown in class only during the first ten days after the broadcast. (Some PBS programs can only be used and retained for seven days);
  • The material may be shown to students no more than two times during a ten-day period. After the ten-day period, only teachers may view the material;
  • The contents may not be altered or combined to form anthologies but need not be shown in their entirety.

Rental sources (e.g. borrowed from the library may be shown in class. Libraries have the right to loan, sell, or otherwise dispose of legally obtained tapes. The “for home use only” labels do not prevent library or classroom use of legal tapes. Backup tapes are only permitted when the original is deteriorating and is no longer available on the market.

Photocopying

Permitted Uses: Teachers preparing to teach a class may make a single copy of:

  • A book chapter;
  • An article;
  • A short story, essay, or short poem;
  • A chart, graph, diagram, cartoon, drawing, or picture.

Teachers may duplicate enough copies to provide one copy for each student in a course, as long as each copy includes a notice of copyright and as long as they meet the following three tests:

  • Brevity. For poetry, the suggested maximum is 250 words. For prose, the guidelines offer two different limitations. Educators may copy any complete story, essay, or article under 2,500 words or excerpts of not more than 1,000 words or 10% of the text. For illustrations, the guidelines suggest no more than one chart, graph, diagram, drawing, cartoon, or picture per book or periodical issue;
  • Spontaneity. The “inspiration and decision to use the work” must occur so soon prior to classroom use that it would not be feasible to write for and receive permission from the publisher to duplicate the material. It is also imperative that the copying occur at the request of the teacher, not at the directive of an administrator or other “higher authority”;
  • Cumulative Effort. Generally, only one copy may be made of a short poem, article, story or essay. No more than three of these items may be from the same collective work or periodical volume during one class term. The most limiting restriction further specifies no more than a total of nine instances of such multiple copying for one course during one class term. Finally, all multiple copying of a particular work is limited to one course; in other words, copying a work to be used in several courses is not likely to be considered a fair use of the material.

Prohibited Copying

  • Educators are not to create, through photocopying, their own anthologies, compilations or collective works whether brought together in one collection or reproduced and used separately.
  • Copying must not substitute for the purchase of books, periodicals, or reprints; this prohibition especially applies to the duplication of “consumable” materials such as workbooks, test booklets and standardized tests.
  • Students must not be charged more than the actual cost of copying the material.
  • A teacher must not duplicate the same item from one term to another.

File Sharing and Peer-to-Peer Software Programs

Williamson College of the Trades prohibits the installation and use of peer-to-peer file-sharing programs that violate copyright material on computers using the college network. Users will be considered in violation of this policy if their internet traffic is identifiable as using a prohibited peer-to-peer file sharing program or protocols. The college reserves the right to suspend or terminate network access to any campus user if the violation is deemed severe. Repeat or severe violations are also subject to appropriate corrective action and may be reported to appropriate authorities for criminal or civil prosecution.

Software

The fair use doctrine generally does not apply to computer software. Rather, the terms of the software license accompanying the software will dictate the usage terms. Thus, unless the software has been placed in the public domain deliberately by its creator, all software should be assumed to be protected by copyright law.

Possessing software for which an individual does not own a license is a violation of the Copyright Act, and may be subject to disciplinary action, to include dismissal for students or termination for employees. In addition to application software and operating systems, federal copyright protection also extends to the data files created for use with or by these systems. Unauthorized creation, copying and distribution of these materials are violations of the federal copyright statute, unless they can be construed as fair use.

TEACH Act

The Technology, Education, and Copyright Harmonization Act (TEACH Act) (Section 110(2) of the U.S. copyright law) is a copyright exemption that addresses teaching conducted through digital transmission.

Under the TEACH Act, faculty may use the following copyrighted materials when teaching a class through a digital transmission:

  • Performances of nondramatic literary works;
  • Performances of nondramatic musical works;
  • Performances of any other work, including dramatic works and audiovisual works, but only in “reasonable and limited portions”;
  • Displays of any work “in an amount comparable to that which is typically displayed in the course of a live classroom session.”

When using the copyrighted materials listed above in a digital transmission, faculty have the following obligations under the TEACH Act:

  • The performance or display is made by or under the supervision of an instructor;
  • The use is limited to performances and displays. The TEACH Act does not apply to materials that are for students’ independent use and retention, such as textbooks or other readings;
  • The work is part of systematic mediated instructional activities;
  • The transmission must be made solely for and limited to students officially enrolled in the course;
  • Only lawfully acquired may be used;
  • The instructor should use reasonable efforts to prevent copying and retention of the work (e.g., streaming for video; thumbnails, watermarks and disabling right click copy function for images);
  • The materials to be used should not include those primarily marketed for the purposes of distance education (i.e. an electronic textbook or a multimedia tutorial);
  • A digital copy may be made from an analog copy when no digital version is available or when the digital version is technologically protected;
  • The work must carry a notice to students that the works are copyrighted.

Williamson complies with all provisions of the Digital Millennium Copyright Act (DMCA). Any use of the Williamson network, email system, or website to transfer copyrighted material including, but not limited to, software, text, images, audio, and video is strictly prohibited. Federal copyright law applies to all forms of information, including electronic communications. Users should be aware that copyright infringement includes the unauthorized copying, displaying, and/or distributing of copyrighted material. All such works, including those available electronically, should be considered protected by copyright law unless specifically stated otherwise.

Anyone using college IT resources to commit acts of copyright infringement will be subject to the college’s due process. Acts of piracy are violations of state and federal laws, and as such, may result in criminal charges. In accordance with the DMCA, the college has designated the Provost and Vice President of Academic Affairs as the principal officers to receive and respond to reports of alleged copyright infringement. This designation will be listed on the Williamson web site.

The Digital Millennium Copyright Act specifies that all infringement claims must be in writing (either on paper or electronic mail) and must include the following elements:

  • A physical or electronic signature
  • Description of the work claimed to be infringed
  • Description of the allegedly infringing work and the location on the Williamson network
  • Contact information for the complaining party
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner or law
  • A statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

More information on United States Copyright Laws is available through the U.S. Copyright Office at www.copyright.gov.

Information Technology

Williamson’s Information Technology Policy promotes the efficient, ethical, and lawful use of the college’s information technology (IT) resources. The college’s computing systems, networks, and associated facilities are intended to support its mission and to enhance the educational environment of its students. Any use deemed inconsistent with this mission will be considered a violation of this policy.

Williamson’s IT policy applies to anyone who uses the college’s IT resources. IT resources include, but are not limited to, computer hardware and software; mobile communication devices; telephone and data networks; and electronically stored data. Use of these resources includes access from off campus and on campus, as well as access from privately owned computers and electronic devices.

Network resources refer to all aspects of the college’s owned or leased equipment, including, computers, printers, scanners, and other peripherals, as well as email, Internet services, servers, network files and folders, and all other technology related equipment and services. The college’s IT policies and procedures apply to any use of the institution’s network resources, whether this access occurs while on or off campus.

Access to and use of Williamson’s IT resources and the Internet must comply with all federal laws, the laws of the Commonwealth of Pennsylvania, and the policies and procedures of the college. By use of the college’s IT resources (including, but not limited to, computers, network, phones, tablets, etc.), all users agree to the rules, regulations, and procedures outlined within the college’s policy.

Williamson’s IT Policy is outlined within the Student Information Technology Handbook, available to all students through the Student Information System (Blackbaud) portal. For employees, the college IT policy is outlined within the Employee Handbook, Appendix 1. The Employee Handbook is available to all employees through the college’s Blackbaud portal.