Copyright Infringement Resolution

This copyright infringement resolution applies to the use of St. Ambrose University computers and networks, and all devices accessing or utilizing such networks (hereinafter “computing equipment”) by all faculty, staff, and students, including personal computers or devices accessing the St. Ambrose University networks.

It is the policy of St. Ambrose University to respect the copyright protections given to authors, owners, and publishers under Federal law.  It is against policy for any student, faculty, or staff member to copy, reproduce, display, publish, or distribute any software, music, games, movies, or other content on St. Ambrose computing equipment or personal computers or devices accessing or utilizing computing equipment except as expressly permitted by law, a valid license, or written consent.  Uploading or downloading works protected by copyright without authority is an infringement of the copyright owner’s exclusive rights and anyone found to have infringed a copyrighted work may be liable for statutory damages.

St. Ambrose University does not actively search for instances of copyright infringement on its computing equipment; nevertheless, St. Ambrose University will respond to complaints of illegal activity or inappropriate use.   St. Ambrose strongly discourages the use of file-sharing programs due to the risk that the shared files may be copyrighted.

St. Ambrose University will follow the procedures below for notices received by copyright owners and their representatives.  Unless a subpoena has been served on St. Ambrose University, St. Ambrose will not disclose the identity of individuals at specific St. Ambrose network addresses.   St. Ambrose will inform the alleged infringer of any receipt of a subpoena for copyright violations prior to providing any information to the party that served the subpoena.  

First copyright violation notice:

The individual alleged to have violated copyright is given a copy of the complaint from the copyright holder.  Following receipt of the first complaint, the individual is given 48 hours to either remove the material at issue or send a non-infringement response contesting the infringement notice to the copyright holder or representative.  Written verification must be provided to the Executive Director of Information Resources at St. Ambrose University.  If written verification of either action is not taken within 48 hours, the individual may be blocked from accessing St. Ambrose University computing equipment until the issue has been resolved.

The alleged infringer will also defend, indemnify, and hold harmless St. Ambrose University from and against any and all losses arising out of third-party claims of infringement including costs and fees associated with responding to subpoenas.

Second copyright violation notice:

The individual alleged to have violated copyright is given a copy of the complaint from the copyright holder.  The individual will be immediately blocked from using the St. Ambrose computing equipment for a minimum of two weeks if found in violation.  The individual will be required to take a 60 minute copyright tutorial class.  Following the two week block and before access to the network will be restored, the individual must provide written verification to the Executive Director of Information Resources at St. Ambrose University that he or she has completed the copyright tutorial and either:  (a) the material at issue has been removed or (b) a non-infringement response contesting the infringement notice has been sent to the copyright holder or representative.  The individual may be referred to the appropriate authority for appropriate disciplinary action in accordance with St. Ambrose policies and procedures.  For students this is Dean of Students, for staff this is the Human Resources Director, and for faculty this is the Vice President of Academic Affairs.

The alleged infringer will also defend, indemnify, and hold harmless St. Ambrose University from and against any and all losses arising out of third-party claims of infringement including costs and fees associated with responding to subpoenas.

Subsequent copyright violation notice:

The individual alleged to have violated copyright is given a copy of the complaint from the copyright holder.  The individual will be immediately blocked from using the St. Ambrose University network for a minimum of one academic semester if found in violation.  The individual will be required to take a 60 minute copyright tutorial class.  Following the academic semester and before access to the network will be restored, the individual must provide written verification to the Executive Director of Information Resources of St. Ambrose University that he or she has completed the copyright tutorial and either: (a) the material at issue has been removed or (b) a non-infringement response contesting the infringement notice has been sent to the copyright holder or representative.  The individual will be referred to the appropriate authority for appropriate disciplinary action in accordance with St. Ambrose policies and procedures.  For students this is the Dean of Students, for staff this is the Human Resources Director, and for faculty this is the Vice President of Academic Affairs.

The alleged infringer will also defend, indemnify, and hold harmless St. Ambrose University from and against any and all losses arising out of third-party claims of infringement including costs and fees associated with responding to subpoenas.

For individuals needing assistance in removing copyrighted material that may be in violation of the law, the Technology Help Desk is available to assist in identifying the location of copyrighted material, removing it, and disabling file sharing programs.

For those with questions or for further information, please contact Mary Heinzman, Executive Director of Information Resources at (563) 333-6241.

2012