Copyrighted Material

The use of Computing Resources in violation of international and federal copyright laws is strictly prohibited.  These federal laws provide to the author of an original work, whether that work is a video, a sound recording, software, or printed material, the exclusive rights to reproduce, adapt, publish, perform and display that work.  Anyone other than the copyright holder is required to obtain the express permission of the copyright holder to use the work for any of these purposes.

One prohibited use of the University's computing resources is the use of the Internet to download and share copyrighted music and video in violation of copyright laws.  In addition to violating University policy and the law, file-sharing programs (such as Grokster, KazaA, Gnutella, and Limewire) that permit these activities also may impair the University's broadband system because their use causes a strain on the University's broadband capabilities and other network resources.  For these reasons, the downloading, or making available for others to download, a copyrighted movie, television show or sound recording without permission of the copyright holder is a violation of University policy.  In furtherance of this policy, the University has, and will continue, to create technologies to identify and disable access to file-sharing websites that facilitate the violation of applicable law and University policy.  A listing of such sites will be published on St. John's Central.  In the event that you desire to legally download any file that may strain the University's broadband capabilities, please contact the Department of Information Technology to arrange for a time and place to do so.

Fair Use of Copyrighted Material
Creation of web pages and other materials for educational and research purposes may involve incorporation of original works of third parties (e.g., printed material, video and sound recordings, multimedia presentations, software) that are covered by copyright laws. Copyright owners are granted five exclusive rights by the copyright law: reproduction, adaption, publication, performance and display.

These exclusive rights, however, are subject to the "Fair Use" doctrine. "Fair Use" is a privilege of persons other than the copyright owner to use the copyrighted material in a reasonable manner without his/her consent notwithstanding the monopoly granted to the owner by the copyright.

A finding of fair use is not easily determined. However, there are four nonexclusive statutory factors to be considered in determining whether a use is fair. They are:

  1. The purpose and character of the use, including whether the use is for commercial purposes or for non-profit educational purposes.
  2. The nature of the work, including whether the work is creative or informational and published or unpublished.
  3. The amount used in relation to the work as a whole, considering both quantitative and qualitative substantiality. No quantification of use limits exists by statute.
  4. The effect of the use on the potential market for or the value of the work.  (The greater the effect on market or value, the less the likelihood that the use will be fair.)

Developers of web pages are especially cautioned to recognize that access to their pages by individuals from outside the University community may impact one or more of the above factors. Consistent with principles of fair use, authors are responsible for obtaining all permissions that may be necessary to incorporate works of third parties into their own work.  The University rules governing attribution require that all users of University computing networks acknowledge any usage of ideas or materials produced by others by identifying the source and nature/extent of indebtedness.