Policies and Standards ISO PS003 Intellectual Property [Previous]  [Next]  [Policy Home]

Policy Name: Intellectual Property
Policy Number: IS PS003
Effective Date: July 23, 2007
Review Date: July 23, 2008
Last Revision Date: July 23, 2007
Last Revision By: Bruce Edwards
Contact Name: Bruce W. Edwards
Contact Email: ISOPolicy@louisville.edu
Approved By: Compliance Oversight Council
Version: 1.0

POLICY:

The University of Louisville respects the intellectual property rights of others and expects Users1 to respect the intellectual property rights of others. Users must abide by applicable intellectual property laws and/or regulations, including but not exclusive to those pertaining to text, graphics, art, photographs, music, software, movies and games. Users must refrain from actions or access which would violate the terms of licensing and nondisclosure agreements.

Administrative Standards

• Users must understand copyright and intellectual property regulations as they pertain to University resources.
  • The following web address provides links to relevant information:
    http://library.louisville.edu/government/subjects/law/cright.html.
  • The University of Texas at Austin maintains an excellent resource page at this address: http://www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htm.

• Users must conform with U.S. Intellectual Property laws and regulations including the Digital Millennium Copyright Act of 1998 (DMCA), which strengthened copyright laws pertaining to digital media. Users need to understand how the DMCA applies to the activities they perform while using a University supported network or device and act in a manner that is compliant with the DMCA when engaging in such activities. Relevant aspects of the DMCA include:
  • Criminalizes circumvention of anti-piracy measures in most commercial software.
  • Makes the manufacture, sale, or distribution of code-cracking software or devices illegal when used to illegally copy software.
  • Provides specified exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances.
  • Creates the expectation that service providers remove material from users' web sites if it appears to constitute copyright infringement.
  • Requires that "webcasters" pay licensing fees to record companies.
  • There are numerous other provisions within the act, this link provides relevant information: http://www.copyright.gov/legislation/dmca.pdf

• Downloading or sharing of any electronic information that violates the DMCA or any other copyright or intellectual property law or regulation must not be done.
• Use of Peer-to-Peer (P2P) software "file sharing" applications to infringe copyright and/or intellectual rights of others is not permissible. Configuration of such programs for legitimate use must be in compliance with the university's information security policies and standards.

All persons while conducting/performing work, teaching, research or study activity or otherwise using University resources. Scope/Applicability also includes all facilities, property, data and equipment owned, leased and/or maintained by the University or affiliates.

POLICY AUTHORITY / ENFORCEMENT:

The University's Information Security Officer (ISO) is responsible for the development and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.

POLICY REVIEW:

This policy will be reviewed annually to determine if the policy is in compliance with the applicable security regulations and University direction. In the event that significant regulatory changes occur, this policy will be reviewed and updated as needed.

COMPLIANCE:

Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.

REVISION HISTORY:

Version / Revision Date/ Description

1.0 / July 23, 2007 / Original Publication

This policy is subject to change or termination by the University at any time. This policy SUPERSEDES all prior policies, procedures or advisories pertaining to the same subject.

Approved July 23, 2007 by the Compliance Oversight Council
Shirley C Willihnganz, Executive Vice President and University Provost, Chair of the Compliance Oversight Council

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