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2023 Academic Catalog > General Policies > Copyright Compliance Policy

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Copyright Compliance Policy

The Higher Education Opportunity Act (HEOA) and Department of Education Regulations 34 CFR 668. 14(b)(30), require institutions to:

  • Provide an annual disclosure to students informing them of federal copyright laws, and explain institutional policies and sanctions related to violations of copyright law.
  • Develop and implement a written plan to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network.
  • Periodically review and (to the extent practical) offer legal alternatives for acquiring copyrighted material.

Trident has developed the following policy and plans to combat the unauthorized distribution of copyrighted material by users of the institution’s network:

  • Subject to exceptions contained in 17 U. S. C. Sections 107 and 108 (http://www.copyright.gov/title17/92chap1.html) it is a violation of copyright law to copy, distribute, display, exhibit, or perform copyrighted works without the authority of the owner of the copyright.
  • Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under Section 106 of the Copyright Act (Title 17 of the United States Code). 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 constitute an infringement.
  • 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.

For more information, see the website of the U. S. Copyright Office at www.copyright.gov.

Violators of this policy will also be subject to penalties including administrative sanctions up to and including expulsion.

Legal Alternatives

For legal alternatives to illegal downloading, please see www.educause.edu/legalcontent.

Digital Millennium Copyright Act (DMCA)

Content owners or the person entitled to enforce a copyright on their behalf may notify Trident of any violation of a copyright on the University’s system by sending a notice in the form required by the DMCA to the Chief Compliance Officer at compliance@trident.edu. At a minimum the following information must be provided: (1) a physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right being claimed; (2) an identification of the intellectual property being claimed to have been infringed; (3) a detailed description of the material being claimed as infringing so that we may locate it; (4) address, telephone number, and email address of reporting party; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved.

University Plan to Address Copyright Infringement

Trident educates the Trident community regarding copyright laws through published policies and requires all Trident faculty and staff to execute agreements, including an agreement on network use, as a condition of employment.