Copyright Infringement and Peer-to-Peer File Sharing Policy
Course enrollees agree that all Information within the institution's courses, course texts, accompanying workbooks, and websites, etc. are protected by intellectual property rights, including copyrights, trademarks and other proprietary rights, which rights are valid and protected in all media existing now or later developed, and contractually agree not to create derivative works based on the Information and not to use the Information for the purpose of enhancing competing works.
Course enrollees are granted a limited license to use, search, display, or print the Information contained on the institution's websites for their own personal non-commercial use only, provided the Information is not modified and a copy of this agreement is attached to any copies that are made. Any other use of the Information is strictly prohibited. None of the Information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent from the institution.
All rights, including copyright, in any information which are linked to but not hosted on the Site continue to be owned by their respective owners.
Note that by using the institution's websites, you signify your agreement to this and future Copyright Notices. Your continued use of the institution's websites subsequent to changes to this Copyright Notice will mean that you accept the changes.
Copyright is a form of legal protection provided by U.S. law, Title 17 U.S.C. §512(c) (2), which protects an owner’s right to control the reproduction, distribution, performance, display and transmission of a copyrighted work. The public, in turn, is provided with specific rights for fair use of copyrighted works. Copyrighted works protect original works of authorship and include
- Books, articles and other writings
- Songs and other musical works
- Movies and television productions
- Pictures, graphics, and drawings
- Computer software
- Pantomimes and choreographic works
- Sculptural and architectural works
Specific information on copyright law and fair use may be found at the following sites:
- The U.S. Copyright Office:
The copyright law provides the owner of a copyright the exclusive right to do the following:
- Reproduce the work in copies.
- Prepare derivative works based upon the work.
- Distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease or lending.
- Perform the work publicly.
- Display the copyrighted work publicly.
- Perform the work publicly by means of a digital audio transmission in the case of sound recordings.
The copyright law states, “Anyone who violates any of the exclusive rights of the copyright owner is an infringer of the copyright or right of the author.”
Generally, under the law, one who engages in any of these activities without obtaining the copyright owner’s permission may be liable for infringement.
Peer-to-Peer File Sharing
Peer-to-Peer (P2P) file sharing is a general term that describes software programs that allow computer users, utilizing the same P2P software, to connect with each other and directly access digital files from one another’s hard drives. Many copyrighted works may be stored in digital form, such as software, movies, videos, photographs, etc. Through P2P file sharing it has become increasingly easy to store and transfer these copyrighted works to others, thus increasing the risk that users of P2P software and file-sharing technology will infringe the copyright protections of content owners.
If P2P file-sharing applications are installed on your computer, you may be sharing someone else’s copyrighted materials without realizing you are doing so. As a user of any of the institution's networks, recognizing the legal requirements of the files that you may be sharing with others is important. You should be careful not to download and share copyrighted works with others.
The transfer and distribution of these works without authorization of the copyright holder is illegal and prohibited.
Violations and Penalties under Federal Law
In addition to ISSA College of Exercise Science sanctions under its policies as more fully described below, 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, 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.
ISSA College of Exercise Science Plans to Effectively Combat Unauthorized Distribution of Copyrighted Material; Student Sanctions
A student’s conduct in the College’s virtual classrooms and websites is subject to and must fully conform to the Student Code of Conduct policy and any other applicable College of Exercise Science policies.
The College may monitor traffic or bandwidth on the networks utilizing information technology programs designed to detect and identify indicators of illegal P2P file-sharing activity. In addition to, or as an alternative, the College may employ other technical means to reduce or block illegal file sharing and other impermissible activities.
The institution will also provide for vigorous enforcement and remediation activities for those students identified through the University Digital Millennium Copyright Act policy as potential violators or infringers of copyright.
Disciplinary sanctions may be imposed on students identified as violators or infringers of copyright. Sanctions will be based on the seriousness of the situation and may include remediation based on a comprehensive system of graduated responses designed to curb illegal file sharing and copyright offenses through limiting and denial of network access or other appropriate means. These sanctions may be in conjunction with additional sanctions through the College’s Student Code of Conduct, or other College policy applicable to the particular situation.
Students who are subject to professional codes of conduct that apply to their enrollment at the College shall be sanctioned according to the requirements of the respective code.