Gettysburg College Copyright Policy

Gettysburg College Copyright Policy

Purpose of Policy

Gettysburg College is committed to complying with United States copyright law while supporting the teaching, research, and creative work of its faculty, students, and staff. This policy explains the College's obligations under federal copyright law, describes the rights of copyright holders and the exceptions that permit limited use of copyrighted materials in an educational setting, and establishes how the College will respond to alleged copyright infringement, including notices received under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

The policy is intended to give the College community guidance for using copyrighted works responsibly, but does not provide legal advice or substitute for consultation with legal counsel.

Scope of Policy

This policy applies to all members of the Gettysburg College community, including faculty, support staff, administrators, and students, whenever they create, copy, distribute, perform, display, or otherwise use copyrighted material in connection with College coursework, research, employment, or College-owned technology resources and networks.

This policy does not override the specific terms of a license agreement governing a particular database, software product, or other resource; where such an agreement exists, its terms control and users should consult the applicable license.

Definitions

Copyright: A form of legal protection, arising automatically once a work is fixed in a tangible medium of expression, that grants the creator of an original literary, artistic, musical, or other creative work certain exclusive rights to use, reproduce, and distribute that work. Registration or use of the copyright symbol is not required for a work to be protected.

Copyright Holder: The person or entity that owns the exclusive rights in a copyrighted work. The copyright holder is not always the author; rights may be transferred, licensed, or assigned to a publisher, employer, or other party.

Fair Use: A statutory exception under Section 107 of the U.S. Copyright Act that permits limited use of copyrighted material, without the copyright holder's permission, for purposes such as criticism, commentary, teaching, scholarship, or research, based on a case-by-case balancing of four factors described in Section 4 of this policy.

Derivative Work: A new work that recasts, transforms, or adapts a preexisting copyrighted work, such as a translation, adaptation, or abridgment. The right to create derivative works belongs to the copyright holder unless an exception applies.

Public Domain: Works that are not protected by copyright, either because copyright protection has expired, the work was created by the U.S. federal government, or the creator has otherwise dedicated the work to public use. State and local government works are not automatically in the public domain.

License: Permission granted by a copyright holder allowing another party to use a copyrighted work in a specified way and for a specified period, typically documented in a written agreement.

Digital Millennium Copyright Act (DMCA): The 1998 federal law that updates U.S. copyright law for the digital environment, addresses circumvention of copyright protection systems, and establishes procedures, including safe harbors and notice-and-takedown requirements, that internet service providers such as the College must follow when notified of alleged infringement occurring on their networks.

Work Made for Hire: A work prepared by an employee within the scope of employment, or a work specially ordered or commissioned under a written agreement for certain categories of use, in which the employer or commissioning party is considered the author and copyright owner under 17 U.S.C. § 101.

TEACH Act: The Technology, Education, and Copyright Harmonization Act of 2002, codified at 17 U.S.C. § 110(2), which permits accredited nonprofit educational institutions to display and perform certain copyrighted works in digital distance education, subject to specified conditions and limitations.

Peer-to-Peer (P2P) File Sharing: The distribution of digital files, including copyrighted content, through decentralized networks where users can directly transfer files to and from one another without a central server, often using software applications designed for this purpose.

Repeat Infringer: A user of College network resources who, after appropriate notice and opportunity to respond, has been identified as responsible for two or more instances of copyright infringement.

Circumvention: The act of bypassing, avoiding, or disabling a technological measure that controls access to a copyrighted work, which is generally prohibited under 17 U.S.C. § 1201 of the DMCA, subject to limited exceptions.

Policy Description

Copyright Ownership and Protected Works

Copyright protection applies to both published and unpublished original works of authorship, including text, images, music, film, software, and other creative or scholarly output, from the moment they are fixed in a tangible form. Members of the College community should assume that any work created by someone else is protected by copyright unless they can verify that it is in the public domain, that a license permits the intended use, or that a specific statutory exception applies.

Exclusive Rights of Copyright Holders

Copyright law grants the copyright holder several exclusive rights, subject to the limitations described in this policy:

• Reproduction: the right to copy, duplicate, or transcribe the work in fixed form.
• Modification: the right to create new, derivative works based on the original.
• Distribution: the right to distribute copies of the work to the public by sale, rental, lease, or lending.
• Public Performance: the right to recite, play, dance, act, or otherwise present the work publicly, or to transmit it to the public.
• Public Display: the right to show a copy of the work publicly, directly or by means of a projection, broadcast, or transmission.

Fair Use

Section 107 of the Copyright Act permits certain uses of copyrighted material without the copyright holder's consent. Fair use is not automatic simply because a use occurs in an educational setting; each of the following four factors must be weighed based on the specific facts involved:

• Purpose and character of the use, including whether the use is commercial or nonprofit and educational in nature, and whether the use is transformative.
• Nature of the copyrighted work, with fair use more likely for factual works than for highly creative works.
• Amount and substantiality of the portion used, relative to the copyrighted work as a whole; there is no fixed number of words, pages, or percentage that automatically qualifies as fair use.
• Effect on the potential market, for or value of the copyrighted work.

Members of the College community should contact the Musselman Library Copyright Committee (library_copyright@gettysburg.edu) for assistance evaluating a specific fair use question. The Committee can offer a recommendation but does not provide legal advice or substitute for consultation with legal counsel.

Other Statutory Exceptions

Copyright law contains additional exceptions relevant to higher education, including provisions governing library reproduction and lending (17 U.S.C. § 108), classroom performance and display (17 U.S.C. § 110(1)), digital distance education (17 U.S.C. § 110(2), known as the TEACH Act), software backup copies, and the creation of accessible-format copies for individuals with disabilities. Questions about these exceptions should be directed to Associate Dean for Student Accessibility in the Center for Student Success.

TEACH Act and Digital Distance Education

Section 110(2) of the Copyright Act, as amended by the TEACH Act, permits accredited nonprofit educational institutions to perform or display copyrighted works in digital distance education without permission, subject to specific conditions. To rely on the TEACH Act, the following requirements must be met:

1. The performance or display must be made by or at the direction of an instructor as part of a class session in a course offered by the College;
2. Reception must be limited to students officially enrolled in the course;
3. The institution must apply technological measures that reasonably prevent retention of the work beyond the class session and unauthorized further dissemination;
4. The institution must not interfere with technological measures used by the copyright owner to prevent retention or dissemination;
5. The amount of the work performed or displayed must be comparable to what would be displayed or performed in a live classroom session; and
6. The institution must provide notice to students that materials used in the course may be protected by copyright.

The TEACH Act does not apply to works produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or to textbooks, coursepacks, or other materials typically purchased by students. Faculty should consult with Musselman Library Copyright Committee before relying on the TEACH Act for specific course materials.

Permission and Licensing

When no exception applies, members of the College community must obtain the copyright holder's written permission before using a protected work. A license is the grant of some, but not necessarily all, of the copyright holder's rights for a defined period and should be documented in writing. The absence of a response to a permission request does not imply consent; without written permission or an applicable exception, the work should be treated as unauthorized for the intended use. Many online resources and software products licensed by the College, such as Library databases, are governed by license agreements that define permitted uses; users should consult the applicable license before assuming a use is authorized.

The College licenses access to a wide range of digital content, including databases, e-journals, e-books, streaming media, and software. These licensed resources are governed by the terms of contractual agreements between the College and the content providers. Users should be aware that license terms may be more restrictive than copyright law would otherwise permit, and compliance with license terms is required regardless of whether a particular use might qualify as fair use.

Use of Third-Party Licensed Content

Common license restrictions include prohibitions on: systematic or bulk downloading; redistribution to non-authorized users; use for commercial purposes; and text or data mining without specific authorization. Before using licensed content in ways that may exceed typical academic use, users should consult the applicable license agreement or contact Musselman Library Copyright Committee for guidance. Violation of license terms may result in loss of access to the resource for the entire College community.

Anti-Circumvention Provisions

Section 1201 of the DMCA prohibits circumventing technological measures that control access to copyrighted works, as well as trafficking in tools or services designed to circumvent such measures. Members of the College community may not bypass, disable, or otherwise circumvent digital rights management (DRM), password protection, encryption, or other access controls without authorization, except as permitted by specific statutory exemptions. The Librarian of Congress periodically issues exemptions to these rules for certain uses; current exemptions are available from the U.S Copyright Office. Questions regarding anti-circumvention provisions should be directed to the Office of Risk Management.

Digital Millennium Copyright Act (DMCA) Compliance

Gettysburg College complies with the DMCA, which implements the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty and shields internet service providers, including the College, from liability for infringing activity traced to their networks, provided the College meets statutory requirements including: (a) designating an agent to receive notifications of claimed infringement; (b) adopting and reasonably implementing a policy for termination of repeat infringers; (c) accommodating and not interfering with standard technical measures used by copyright owners; and (d) acting expeditiously to remove or disable access to infringing material upon receiving proper notice.

Valid DMCA Notice Requirements

Under 17 U.S.C. § 512(c)(3), a valid DMCA notice must be a written communication that includes: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit the College to locate the material; (d) contact information for the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

The College’s designated agent to receive notifications of claimed infringement under 17 U.S.C. § 512(c)(2) is outlined in Exhibit A – Gettysburg College’s Designated DMCA Agent

When the College receives a valid DMCA notice alleging that a member of the community is using the College network to infringe someone’s copyright, the College will respond as follows: (a) the Office of Risk Management will evaluate the notice for compliance with the statutory requirements within two (2) business days of receipt; (b) upon determining that the notice substantially complies, the Office of Risk Management will direct Information Technology to disable access to or remove the identified material, which Information Technology will complete within one (1) business day of receiving such direction; (c) the Office of Risk Management will notify the alleged infringer in writing within three (3) business days of the takedown, providing a copy of the notice, an explanation of the College’s actions, and instructions for submitting a counter-notice; and (d) the Office of Risk Management will take any further action required by law or College policy. If a notice does not substantially comply with the statutory requirements, the Office of Risk Management will promptly contact the complaining party to request cure and will not act on a deficient notice unless otherwise advised by legal counsel.

Counter-Notice Procedures

An individual who believes the material removed or disabled is not infringing, or that the individual has authorization to use the material, may submit a counter-notice to the designated agent. Under 17 U.S.C. § 512(g)(3), a valid counter-notice must be a written communication that includes: (a) a physical or electronic signature of the individual whose material was removed; (b) identification of the material that was removed or disabled and the location at which it appeared before removal; (c) a statement under penalty of perjury that the individual has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) the individual’s name, address, and telephone number; and (e) a statement consenting to the jurisdiction of the federal district court for the judicial district in which the individual’s address is located (or, if outside the United States, for any judicial district in which the College may be found), and that the individual will accept service of process from the person who provided the original DMCA notice or an agent of such person.

Upon receipt of a valid counter-notice, the Office of Risk Management will promptly provide a copy to the original complaining party and inform them that the removed material will be restored in ten (10) business days. Unless the Office of Risk Management receives notice that the complaining party has filed an action seeking a court order to restrain the individual from engaging in infringing activity, Information Technology will restore or cease disabling access to the material not less than ten (10) and not more than fourteen (14) business days following receipt of the counter-notice.

Repeat Infringer Policy

In accordance with the DMCA, the College has adopted this policy providing for the termination, in appropriate circumstances, of network access for users who are repeat infringers of copyright. A user will be considered a repeat infringer if the user has been found responsible for two or more separate instances of copyright infringement, whether through (a) College disciplinary processes, (b) uncontested DMCA notices (i.e., notices for which the user did not submit a timely counter-notice), or (c) a combination thereof. Before a user is designated a repeat infringer, the user will receive notice of each alleged infringement and an opportunity to respond through counter-notice procedures or applicable disciplinary processes. The College will terminate a repeat infringer’s access to the College network, which includes campus wired and wireless internet connectivity, email services, learning management systems, and College-owned computing resources. The Office of Risk Management, in consultation with the Provost’s Office (for faculty), Human Resources (for staff), or the Office of Campus Life (for students), will determine the timing and scope of termination based on the nature and severity of the infractions. Termination of network access does not preclude other disciplinary action that may be taken under applicable College policies, and the College may, in its discretion, impose lesser sanctions such as temporary suspension of network access for a first offense where circumstances warrant.

Peer-to-Peer File Sharing and HEOA Compliance

The unauthorized distribution of copyrighted material, including through peer-to-peer file sharing applications, violates federal copyright law and College policy. Students, faculty, and staff are prohibited from using the College network to download, upload, or distribute copyrighted music, movies, software, or other content without authorization from the copyright holder or a valid legal basis such as fair use.

Civil and Criminal Penalties. Individuals who engage in unauthorized distribution of copyrighted material may be subject to civil and criminal penalties under federal law. Civil liability for copyright infringement may include actual damages and profits or statutory damages up to $150,000 per work infringed, plus attorneys’ fees and costs. Criminal penalties may include imprisonment of up to five years and fines of up to $250,000 for willful infringement for commercial advantage or private financial gain.

Institutional Sanctions. In addition to federal penalties, members of the College community who violate this policy may be subject to disciplinary action, including but not limited to: written warnings; mandatory educational programs; suspension or termination of network access; fines; suspension; dismissal; or termination of employment. The College may also refer matters to law enforcement agencies where appropriate.

Legal Alternatives. Numerous legal alternatives exist for obtaining copyrighted content online. The College encourages community members to use legitimate services for streaming, downloading, and purchasing digital content. Information about legal alternatives is available through Musselman Library Copyright Committee and the Information Technology department. Examples include subscription streaming services, digital music and video stores, and licensed library resources.

Copyright Violations Distinguished from Plagiarism

Copyright infringement and plagiarism are related but distinct concerns. Plagiarism occurs when a work is used without proper attribution, regardless of whether the work is protected by copyright, and is addressed separately under the College's Student Honor Code and the College’s Research Misconduct Policy. Properly citing a source avoids plagiarism but does not, by itself, avoid copyright infringement if the use of the underlying work exceeds fair use or another applicable exception.

Policy Management

This policy is owned by the Office of Risk Management.

Musselman Library, through its Copyright Committee, provides guidance on fair use evaluations, permissions, and copyright questions related to teaching, research, and course materials.

The Office of Risk Management is responsible for administering the DMCA notice-and-takedown process and addressing copyright matters that arise on the College network.

The following offices are responsible for the indicated DMCA compliance functions: (a) Designated Agent (Office of Risk Management): receives all DMCA notices and counter-notices, evaluates notices for statutory compliance, notifies alleged infringers, forwards counter-notices to complaining parties, maintains DMCA records, and coordinates with legal counsel; (b) Information Technology: disables access to or removes identified material upon direction from the Office of Risk Management, restores material following valid counter-notices, and implements technical measures to accommodate standard technical measures used by copyright owners; (c) Provost’s Office, Human Resources, and Office of Campus Life: conduct disciplinary proceedings for faculty, staff, and students, respectively, and coordinate with the Office of Risk Management on repeat infringer determinations.

Responsibility Matrix for DMCA Compliance

Recordkeeping Requirements

The Office of Risk Management will maintain records of all DMCA notices received, including the date of receipt, the complaining party, the material identified, the action taken, and the date of action. The Office will also maintain records of all counter-notices received, the date material was restored (if applicable), and all communications with complaining parties and alleged infringers. Records of repeat infringer determinations, including the basis for each finding and the sanctions imposed, will be maintained in coordination with the applicable disciplinary office. All DMCA-related records will be retained for a minimum of seven (7) years from the date of the most recent action on the matter.

Unauthorized reproduction, distribution, performance, or display of copyrighted material, the creation of derivative works without authorization, or the circumvention of technological protection measures in violation of the DMCA may constitute a copyright violation. Upon becoming aware of a potential violation, the College will take prompt and appropriate action to address it. A copyright violation is both a violation of federal law and a violation of College policy and may result in internal disciplinary action as well as civil or criminal liability.

If a member of the Campus community suspects a copyright violation or violation of the policy, please report it to the Office of Risk Management.

Disciplinary matters involving faculty will be referred to the Provost’s Office; matters involving support staff or administrators will be referred to Human Resources; and matters involving students will be referred to Office of Campus Life.

Questions regarding this policy may be directed to the Office of Risk Management to Tanya Keller at tkeller@gettysburg.edu.

Questions or requests for a fair use evaluation, may be directed to the Musselman Library Copyright Committee at library_copyright@gettysburg.edu.

Related Materials

Copyright Act of 1976, 17 U.S.C. § 101 et seq., including the fair use provisions at 17 U.S.C. § 107.

Digital Millennium Copyright Act, 17 U.S.C. § 512 and related provisions.

TEACH Act, 17 U.S.C. § 110(2), governing digital distance education.

Higher Education Opportunity Act, 20 U.S.C. § 1092(a)(1)(P), peer-to-peer file sharing requirements.

Musselman Library Copyright: https://libguides.gettysburg.edu/copyright

Gettysburg College Student Honor Code

Exhibit A – Gettysburg College’s Designated DMCA Agent

The College’s designated agent to receive notifications of claimed infringement under 17 U.S.C. § 512(c)(2) is Tanya Keller, Director of Risk Management. Copyright holders should direct DMCA notices to the designated agent using the following contact information:

The College has registered the designated agent with the United States Copyright Office as required by 17 U.S.C. § 512(c)(2). The Office of Risk Management is responsible for maintaining current registration with the Copyright Office and will update the registration within thirty (30) days of any change in designated agent. Current registration information is available on the Copyright Office’s online directory at https://www.copyright.gov/dmca-directory/.

Tanya Keller
Email: tkeller@gettysburg.edu
Mailing Address: 300 N Washington St, Gettysburg, PA 17325
Phone: 717-337-6199