It is the policy of the Institution to respect the copyright protections given to authors,
owners, and publishers under federal law including the Digital Millennium Copyright Act of 1998.
Copyright is legal protection for creative intellectual works, which is broadly interpreted to
cover almost any expression of an idea. Text (including email and Web information), graphics,
arts, photographs, video and other media types, music, and software are examples of types of
works protected by copyright. The creator of the work, or sometimes the person who hired the
creator, is the initial copyright owner.
Copyright infringement (or copyright violation) is the unauthorized or prohibited use of works
covered by copyright law, in a way that violates one of the copyright owner's exclusive rights,
such as the right to reproduce or perform the copyrighted work, or to make derivative works
It is against policy for any student, faculty, staff member, consultant, contractor or another
worker at the institution to copy, reproduce, share, or distribute any software, music, games,
or movies on institution computing equipment except as expressly permitted by a software license
or with the written consent of the copyright holder or as otherwise permitted under federal law.
Willful infringement may subject a student or employee to discipline and can impact the
privilege to use information technology resources at the institution. Uploading or downloading
works protected by copyright without the authority of the copyright owner is an infringement of
the copyright owner's exclusive rights of reproduction and/or distribution. Even an innocent,
unintentional infringement violates the law.
Anyone found to have infringed a copyrighted work may be liable for statutory damages for each
work infringed and, if willful infringement is proven by the copyright owner, that amount may be
increased for each work infringed. In addition, an infringer of a work may also be liable for
the attorney's fees incurred by the copyright owner to enforce his or her rights.
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. 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.
The Institution has written plans to effectively combat the unauthorized distribution of
copyrighted material by users of the Institution’s network without unduly interfering with the
education and research use of the network. The plan is evaluated regularly for effectiveness.
Currently, students are given login accounts with limited privileges which prevent them from
being able to install software locally on institution computers.
Also, at most locations, a firewall is in place that can be configured to block malicious
content from being downloaded and uploaded. The Institution is currently involved in a project
to standardize a centrally managed firewall solution that will allow for much greater control
and reporting capability.
The Institution has secured purchasing agreements with many of its hardware and software vendors
that allow students to purchase these items at significant discounts. This is an alternative to
help reduce illegal downloading or otherwise acquiring copyrighted material. Other alternatives
are assessed regularly by the Institution.
Employees of the Institution are required to read and sign a Computer Use Policy. This is in
place to help employees benefit from technology and allow the Institution to manage the cost and
risk of such use. For more information on United States copyright law, please consult the U.S.
Copyright Office’s website at http://www.copyright.gov .
Introduction: In compliance with the 18 USC 2319, Criminal Copyright Infringement, 17 USC 101,
the No Electronic Theft (“Net”) Act and the Digital Millennium Copyright Act’s provisions
relating to educational institutions, New Professions Technical Institute (NPTI) encourages its
students, faculty and staff to educate themselves on the principles of copyright and to respect
the rights of copyright owned by others. Individuals using computers and networks (the “account
holder”), library, and other academic resources at NPTI (the “Institute”) are responsible for
complying with copyright laws and the Institute’s policies and procedures regarding the use of
copyrighted materials.
Copyright Policy
Notification, Investigation, and Removal Procedures
Institute
Authority
In the case of copyright infringement by an account holder, the Institute reserves the rights to
deny, limit, revoke, or extend computing privileges and access to the network at its discretion
or to impose other sanctions at its discretion. (See end of this policy statement for procedures
on copyright infringement concerning language, literature, or media other than computers and
networks.). Once a determination of copyright infringement has been made under the Procedures
for Investigation and Disposition of Copyright Infringement Allegations, the matter will be
referred to the appropriate authority as defined below.
The Director of Education (DoE) will deal with student violations of this policy. Faculty and
Staff violations of this policy will be dealt with by the School Director. The procedures
outlined below will apply when the Institute receives written notification of an alleged
copyright infringement.
Notification of Infringement by Copyright Holder
Copyright holders who believe an account holder has infringed their copyrighted material must
notify the Registrar (the “designated agent”) of the allegedly infringing action or material in
writing. For purposes of these procedures, an Email message from the copyright holder shall be
considered a written notice providing the copyright holder alleging the infringement is
identified and is willing to provide additional signed documentation of his/her claim. The
notification must:
Notification of Account Holder of Allegation of Copyright Infringement
The designated agent will notify the account holder who appears to have posted the allegedly
infringing material that an investigation procedure will be conducted according to published
policy.
Procedure for Investigation and Disposition of Copyright Infringement
Allegations
In the event that the allegedly infringing material is being used for a class at the Institute,
the designated agent will attempt to secure an arrangement with the copyright holder for use of
the allegedly infringing material by the account holder until the end of the current academic
term. Failing a satisfactory arrangement, the designated agent will notify the account holder
and conduct an investigation of the alleged infringement and take action as set forth below
regarding any allegedly infringing material.
If, after the investigation, the designated agent determines that the allegedly infringing
material appears not to infringe on the copyright of the copyright holder, the designated agent
will notify the copyright holder and the account holder of this determination. If the copyright
holder disagrees with the determination of the designated agent, the copyright holder may
request in writing that the Institute ask its attorneys to render an opinion as to whether the
allegedly infringing material constitutes copyright infringement. If the material is determined
not to constitute copyright infringement, the material will remain on the network.
If, after conducting an investigation, the designated agent determines that the allegedly
infringing material appears to infringe the copyright of the holder, the designated agent,
working with the appropriate authority, will follow the procedures for removal of infringing
material set forth below.
Removal of Infringing Material
If, after the designated agent’s investigation, the determination is made that the allegedly
infringing material appears to infringe the copyright of the holder, the designated agent will
notify the copyright holder and the account holder whose account was used to post the allegedly
infringing material. The designated agent will direct the appropriate IT staff member to remove,
or block access to, the allegedly infringing material. At this time, the appropriate authority,
as designated under “Institute Authority,” will be notified.
Upon receipt of notification from the designated agent that the allegedly infringing material
appears to infringe the copyright of the copyright holder and is being blocked or removed from
the Institute’s computers or network, the account holder may request that the designated agent
restore the removed or blocked material based on the account holder’s belief that the allegedly
infringing material is not infringing. Such a request must be in writing and include a detailed
statement of the basis for the account holder’s belief that the allegedly infringing material is
not infringing, as well as a request that the Registrar removed or blocked material be restored.
If the designated agent receives such a request from the account holder, the designated agent,
in consultation with the appropriate Institute authority, will provide a copy of the request to
the copyright holder and to the Institute attorneys, if the attorneys have not already provided
an opinion on the matter.
If within ten days after a copy of the account holder’s request is sent to the copyright holder
by the designated agent, the designated agent has not received a written request from the
copyright holder to continue the blocking or removal of the allegedly infringing material, the
designated agent will notify IT department to restore the material so long as Institute
attorneys, if they have been consulted, agree that the material does not constitute an
infringement of copyright. IT department will restore the allegedly infringing material within
four days of the receipt of such notification
If the designated agent receives, within ten days, a request from the copyright holder to
continue the blocking or removal of the allegedly infringing material, the designated agent will
provide copies of all correspondence to the Institute’s attorneys. Notification of this request
from the copyright holder will also be sent to the account holder who had appealed the original
decision regarding the alleged copyright infringement, and the appropriate Institute authority.
The
6 Institute attorneys will be asked to render an opinion as to whether the allegedly infringing
material constitutes copyright infringement.
If the allegedly infringing material is determined, by the Institute attorneys, not to
constitute copyright infringement, the material will be restored by the IT department within
four days of such determination.
If the designated agent receives, within ten days, a request from the copyright holder to
continue the blocking or removal of the allegedly infringing material, the designated agent will
provide copies of all correspondence to the Institute’s attorneys. Notification of this request
from the copyright holder will also be sent to the account holder who had appealed the original
decision regarding the alleged copyright infringement, and the appropriate Institute authority.
The Institute attorneys will be asked to render an opinion as to whether the allegedly
infringing material constitutes copyright infringement. If the allegedly infringing material is
determined, by the Institute attorneys, not to constitute copyright infringement, the material
will be restored by the IT department within four days of such determination.
Policy Review
The Copyright Infringement’s Committee consisting of the School Director, Director of
Admissions, Registrar and Director of Education will ensure that this policy is reviewed every
year.
Interim Designation of Agents to Receive Notification of Claimed
Infringement
This is to notify copyright holders that the following persons have been designated by New
Professions Technical Institute (NPTI) to serve as designated agents and to receive requests
concerning claimed copyright infringement, pursuant to the Digital Millennium Copyright Act:
June 19, 2003 Any copyright holder wishing to send a notice to Florida Department of Education
for Continuing Education (FLDOE/CIE) regarding possible copyright infringement should file that
notice in writing with the appropriately designated agent at the following address: Registrar
New Professions Technical Institute 4000 West Flagler Street, Miami, FL 33134