Pol-Intellectual Property Policy
policy Intellectual Property modified Tue Oct 11 2022 15:40:15 GMT-0400 (Eastern Daylight Time)
University of Louisville
Intellectual Property Policy
July 23, 2007
This policy applies to 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.
REASON FOR POLICY
To inform members of the University community of responsibilities related to intellectual property.
The University of Louisville respects the intellectual property rights of others and expects the same of the user community. 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.
- Users must understand copyright and intellectual property regulations as they pertain to university resources.
- Users are prohibited from copying third party assets in the possession of the University unless copying is consistent with relevant license agreements and has been approved or being made for contingency planning purposes.
- Users are prohibited from copying university provided software to any storage media, transfer to another device or disclose to outside parties without permission from the contract, ITS and/or department representative.
- Procedures should be in place for authorized personnel to secure additional licensed copies of information assets when needed.
- Users must abide by 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' websites 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.
University websites should not use other organization's trademarks or service marks unless the usage reflects the actual attributes of company products or services, legal review has been conducted and permission from the organization has been obtained when necessary.
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology Services, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy 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.
Vice President for Risk, Audit and Compliance
RESPONSIBLE UNIVERSITY DEPARTMENT/DIVISION
Information Security Compliance Office
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.
This policy will be reviewed annually to determine if the policy addresses University risk exposure and 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 per the Policy Management process.
Approved July 23, 2007 by the Compliance Oversight Council
Shirley C Willihnganz, Executive Vice President and University Provost, Chair of the Compliance Oversight Council
1.0 / July 23, 2007 / Original Publication
1.1 / January 29, 2013 / Content Update
2.0 / March 8, 2016 / Content review and update to new template
2.0 / May 18, 2018 / Grammar and punctuation updates
2.0 / June 23, 2022 / Minor edit
Reviewed Date(s): September 24, 2014; March 8, 2016; June 12, 2017; May 18, 2018; April 2, 2021; June 23, 2022
The University Policy and Procedure Library is updated regularly. In order to ensure a printed copy of this document is current, please access it online at http://louisville.edu/policies.