Copyright Compliance Policy

I. PURPOSE

The purpose of this policy is to ensure that New York Medical College (“NYMC” or the “College") complies with federal copyright law as codified in Title 17 of the United States Code, including the Copyright Act of 1976, The Digital Millenium Copyright Act (“DMCA”), and the Higher Education Opportunity Act (“HEOA”) of 2008.  For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

II. POLICY

It is the policy of NYMC to prohibit all copyright infringement, including unauthorized copying, distribution, display, exhibition, or performance of copyrighted works without the permission of the copyright owner.

Owners of works protected by copyright laws are not required to provide notice of such protections.

Faculty, students, and staff of NYMC may use copyrighted materials from other parties, provided that such activities are permitted by license or by a specific exception in copyright law.

III. DEFINITIONS

1. Copyright:The exclusive rights granted under federal law to owners of original works of authorship fixed in a tangible medium, including the rights to reproduce, distribute, display, perform, and create derivative works.
2. Copyright infringement: The act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under 17 U.S.C. § 106. 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.
3. DMCA: Digital Millennium Copyright Act, a federal law providing safe harbor protections for online service providers and procedures for addressing copyright infringement claims.
4. Fair Use: The use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Such use does not constitute copyright infringement.
5. Intellectual Property: For purposes of this policy, Intellectual Property is defined as any new and useful process, machine, composition of matter, life form, article of manufacture, software, copyrighted work or tangible property.
6. Inventor: For the purposes of this policy, an Inventor is a creator of patentable or copyrightable materials who has conceived of an essential element or has contributed substantially to its conceptual development.
7. Work Made for Hire: A work prepared by an employee within the scope of employment, or a specially commissioned work under specific circumstances, where the employer owns the copyright.

IV. SCOPE

This policy applies to all NYMC faculty, staff, administrators, students, residents, fellows, volunteers, and contractors when using, creating, or distributing copyrighted materials in connection with NYMC activities or utilizing NYMC resources.

V. PROCEDURES

A. Copyright Ownership Principles:

1. 1. 1. Employee Works Made for Hire: Under 17 U.S.C. § 101, NYMC owns copyright in works created by employees within the scope of his or her employment.
      2. Pursuant to NYMC’s Intellectual Property Policy, the College has title and ownership to Intellectual Property which either (a) results from the use of funds, either directly from or channeled through College, (b) results from other support from the College (e.g., College resources or facilities), or (c) was developed in a field relating to the Inventors’ activities at the College whether or not disclosed while the Inventor was at the College.
      3. Student Works: Students retain copyright in their original academic works, including papers, theses, dissertations, and creative works created for academic credit or to satisfy degree requirements, unless such works constitute Works Made for Hire under federal law.

B. Fair Use Analysis:

1. Four-Factor Analysis: Fair use analysis requires consideration of all four statutory factors under 17 U.S.C. § 107:

a. the purpose and character of the use, including whether such use is commercial or nonprofit educational;
b. the nature of the copyrighted work;
c. the amount and substantiality of the portion used in relation to the whole work; and
d. the effect of the use upon the potential market for or value of the copyrighted work.

2. Users of copyright-protected materials should document their fair use analysis when making significant use of copyrighted materials.

C. Photocopying on Campus:

1. 1. 1. Under certain conditions specific in Title 17 of the United States Code, libraries and archives are authorized to furnish a photocopy or reproduction, provided that it is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.
      2. A single photocopy of a limited portion of copyright-protected work, such as part of an article from a scientific journal made for research, may be made without permission. Photocopying all of the assignments from a book recommended for purchase by the instructor, making multiple copies of articles or book chapters for distribution to classmates, or copying material from consumable workbooks are not permissible without explicit permission from the copyright owner. 

D. Alternatives to Unauthorized Downloading:

Pursuant to the Higher Education Opportunity Act, the College advises the NYMC community of legal alternatives to unauthorized downloading of copyrighted material, available at www.educause.edu/legalcontent.  

E. DMCA Reporting:

Content owners or the person entitled to enforce copyright on their behalf may notify the College of any violation of copyright on the College's system by sending an email to nymc-compliance@nymc.edu.

F. Addressing Copyright Infringement on Campus:

1. To comply with College policy and with federal laws and regulations, the College employs technology-based deterrents including:

a. blocking known peer-to-peer traffic;
b. network segmentation;
c. using intrusion prevention system and blocking of inbound ports to client computers on campus at the internet firewall.

2. In addition to technology-based deterrents, the College utilizes physical copyright notices posted above all photocopiers, printers, and scanners in the libraries. All articles received via the College’s electronic library system, such as document delivery and interlibrary loan, come with copyright notice.

G. Foreign Works:

The United States is a member of the leading international copyright treaty, the Berne Convention. As such, when a member of NYMC uses a copyright-protected work from another country, the protections provided to works by U.S. copyright law automatically apply to the use of that work as well.

H. Obtaining Permission to Copy Protected Works:

1. 1. 1. Permission to use copyright-protected materials, when required, must be obtained prior to using those materials. It is best to obtain permission in writing (including e-mail).
      2. One can obtain permission for copying either directly from the publisher or through the Copyright Clearance Center (CCC). The most efficient way of obtaining permissions from many publishers is through the CCC.

VI. CIVIL AND CRIMINAL PENALTIES FOR VIOLATION OF COPYRIGHT LAWS

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.

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.

VII. EFFECTIVE DATE

This policy is effective immediately. 

VIII. POLICY MANAGEMENT

Executive Stakeholder: Chief Counsel
Oversight Office: Office of General Counsel