This section contains information on the code of conduct and limitations of use placed on computer resources at Drury.
Drury University GDPR Program
On May 25, 2018, the European Union’s General Data Protection Regulation went into effect. This program was crafted to safeguard EU citizens’ personal data online. In a modern society of global information, international compliance is key. Drury University is in the process of developing a GDPR compliance program. Departments involved in building the university’s plan are Academic Affairs, Information Technology, Admissions, Marketing & Communications and Student Affairs. Drury values data security, and is committed to properly handling any and all personal information collected online.
For general information, visit the European Commission’s EU Data Protection website.
If you are a resident of the EU or if you are calling from the EU about GDPR, contact Drury’s Technical Support at +1 (417) 873-7300 or by email at firstname.lastname@example.org. The office is staffed from 8 a.m. to 5 p.m. CST, Monday through Friday.
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Office of Marketing & Communications
Drury University subscribes to the requirements of the Digital Millennium Copyright Act of 1998.
If you believe that your work has been copied, adapted, reproduced, or exhibited on the Drury University website in a way that constitutes copyright infringement, please provide the university's designated agent with a written notice of the alleged infringing activity in accordance with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. §512. The designated agent is:
Office of Marketing & Communications
900 North Benton Ave.
Springfield, MO 65802
Phone: (417) 873-7228
Notice of Claimed Copyright Infringement
A notice of claimed copyright infringement must include the following information:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Drury University to locate the material.
4. Information reasonably sufficient to permit Drury University to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of notification of claimed copyright infringement, Drury University will follow the procedures outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. §512). Failure to include all of the above-listed information may result in a delay in processing the complaint.
Notice and Takedown Procedure
Drury University expects all users of its system to comply with applicable copyright laws. However, if the university is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing or disabling access to the material that is claimed to be infringing. Thereafter, the university will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, put back of the alleged infringing material.
Where it has been clearly established that a Drury University user is a repeat infringer, the University may, at its discretion, terminate that person's account.
Drury University is dedicated to the creation, discovery, and dissemination of knowledge to serve the public good. It is therefore committed to full compliance with the spirit and the letter of copyright legislation, which is designed to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (Article 1, Section 8 of the United States Constitution). To this end, Drury encourages its faculty and staff to respect the legitimate rights of copyright holders while exercising to the fullest the rights accorded them under the "fair use" provisions of federal law.
In accomplishing these purposes, Drury University works to facilitate the exercise in good faith of fair use rights by its faculty and staff in furthering their research, teaching, and service activities. The university shall:
- Provide informational and educational support to faculty and staff in understanding their fair use rights through application of the four factors set forth in 17 U.S.C. Section 107, which is discussed in the Supporting Principles of the Drury University Policy on Fair use of Copyrighted Materials;
- Create a copyright page on the university Web site that incorporates both locally developed materials and links to appropriate external Web documents to assist faculty and staff in making good faith decisions on fair use;
- Where possible, avoid adopting or supporting policies, licensing arrangements, or other agreements that would restrict fair use rights; and
- Support faculty and staff who may be challenged legally over their analysis and application of the four factors in making a fair use decision.
The four factor fair use analysis is a subjective one. There is not one determinative factor; rather, each factor is weighed and balanced. Because application of fair use must be done on a case-by-case basis where reasonable people may disagree on how to interpret the material facts in specific cases, which can vary greatly, Drury University can only provide guidance to its faculty and staff in understanding copyright and fair use.
- Drury University fully respects the rights of copyright holders from the time a work is fixed in a tangible medium of expression, as set forth in the Copyright Act. These rights may exist whether the work has been copyright registered or not. Where deemed necessary, Drury University faculty, staff, and students should seek appropriate permissions or pay required royalties.
- Drury University is committed to the fullest exercise of rights accorded to users of copyrighted materials as set forth in the "fair use" provisions of copyright law. Drury University will support its faculty, staff, and students in their good faith efforts to exercise their rights under the fair use provisions for educational purposes.
- The exercise of fair use must be effected on a case-by-case basis through the balancing of the four factors set forth in the Congressional statute.
Four factors that must be applied to the circumstances of each use are:
- The purpose and character of the use;
- The nature of the copyrighted work being used;
- The amount and substantiality of the work being used; and
- The effect of the use upon the potential market for or value of the copyrighted work.
These four factors must be evaluated together to determine if their collective weight leans toward fair use or not. An excellent discussion of the principles of fair use is available at: http://www.usg.edu/copyright.html
- Nonprofit educational purposes, which are crucial in advancing education and scholarship, tend to weigh towards a finding of fair use. However, all four factors must always be considered in determining if a use is fair.
- In its legislation, Congress has provided significant protection for educators as they seek to interpret the fair use provisions. Educators generally face limited monetary liability provided they have acted in good faith in seeking to apply the four factors.
- The rights assigned to copyright holders under existing law are essentially marketing rights. The copyright owner has the exclusive rights to, among other things, reproduce the work, prepare derivative works based upon the copyrighted work, distribute copies of the copyrighted work and perform or display the copyrighted work publicly. One should not interfere with those rights by diminishing the potential market for a work or by selling pirated copies.
- Existing copyright law also expressly provides for the "fair use" of copyrighted materials for education, research, and specified other purposes. The rule of thumb is that a copyrighted work can be used or copied for educational purposes so long as the use is not solely a substitute for purchasing a copy of the work.
- Guidelines developed by various interested parties do not determine fair use and may unnecessarily restrict it. Such guidelines, negotiated voluntarily by private parties with strong representation from publishers, impose quantitative restrictions not written into the statutory or case law that the courts would apply. They are binding only between the parties entering into the guidelines or agreements; they do not bind third parties.
- University faculty, staff, and students must be familiar with the fundamentals of fair use and understand how to apply them in work-related situations. The university will provide appropriate educational opportunities to assist faculty, staff, and students in addressing fair use issues in an informed way.
- A formal copyright policy that avoids detailed interpretations provides the appropriate flexibility to deal with rapidly changing educational needs in an evolving technological environment. Copyright law, in its statutory and case law aspects, seldom provides definitive interpretations of fair use for specific situations. Reasonable people and legal experts will differ in their opinions of how the law applies in any particular set of circumstances. Computer technology continues creating new circumstances that must be interpreted in the light of the fair use provisions. A flexible policy therefore provides the best guidance to the Drury community.
Statement of User Responsibility
- The use of all computer accounts and resources is the personal responsibility of each account holder. Use of Academic Computing resources must be consistent with institutional policies governing how we conduct ourselves as members of the community including policies regarding cheating, plagiarism, harassment and theft. Other campus policies are not altered by the use of computer resources and shall apply to all misuse of the resources. It is the computer user's responsibility to comply with all general campus, as well as computing, policies.
- Academic Computing services and resources are made available to support the academic programs and activities of Drury University. Use of those services and resources is a privilege that is not to be abused and can be taken away without prior consent or when required by law or when there is a substantiated reason to believe that violations of law or policy have occurred. In time-sensitive cases, access may be restricted to meet critical operational needs. Any inappropriate, illegal, unethical or immoral use constitutes a violation of this policy whether or not it is specifically identified below. Any activity intended to damage Academic Computing resources or any individual is a violation of the policy.
- Each computer user is responsible for the storage of personal files created on Drury computing facilities. Hard disks will be routinely cleared of files. Under no circumstances will Drury University be held responsible for any files stored on or deleted from its hard disks.
- Each computer user is responsible for taking reasonable care for the security of his/her campus account and password. For example, one should change his/her password frequently; one should not under any circumstances give his/her password to another person. Examples of Appropriate Uses of Computer Resources Include:
- Faculty research;
- Student research;
- Class assignments;
- Instructional use in classes
Examples of Inappropriate Uses of Computer Resources Include:
- It is a violation of university policy to use computer resources for any purpose unrelated to the mission of the university.
- It is a violation of university policy to use computer facilities for cheating. This includes unauthorized copying, installation, sending or receiving of programs, assignments or files.
- It is a violation of university policy to send unsolicited annoying or obscene messages or mail to another computer or computer user.
- It is a violation of university policy to utilize a false identity in obtaining or utilizing an email account.
- It is a violation of university policy to display adult web sites (specifically those self-identified as such) or other obscene materials in public labs in view of other users. Such conduct is considered sexual harassment, i.e., an action "that has the purpose or effect of unreasonably interfering with an individual's academic or work performance, or creating an intimidating, hostile, or offensive academic or work environment" (from the university's Sexual Harassment Policy Statement)
- It is a violation of university policy to examine, or attempt to examine, another computer user's files or mail, without explicit permission by the owner of those files or mail.
- It is a violation of university policy to interrupt, hinder, or otherwise interfere with the normal operation of the computer labs and network.
- It is a violation of university policy to post copyrighted text or images on a web page without the owner's permission.
- Fraudulent use of computer accounts, networks, mail services or other resources is a criminal offense. Missouri state law (RSMo 569.093-569.099) makes unauthorized access and interference with computer systems, computer data and other computer users illegal.
Privacy Issues and Access to Files on the Campus Servers
- The university and its staff shall treat all electronically stored information as confidential, but may examine or disclose information when authorized by the owner of the information, when approved by appropriate Vice-president, or required by local, state or federal law including, but not limited to, laws regarding harassment, libel and defamation of character.
- Electronic Mail (E-mail)
The E-mail system at Drury is here to provide a convenient (not necessarily confidential) way of communicating between students and faculty, between colleagues and between friends. It is expected that Drury computer users will use common courtesy in the use of E-mail.
- Examples of inappropriate use include:
- Re-posting (forwarding) personal communication, intended to be confidential, without the author's prior consent.
- "Chain letters," "broadcasting" messages to lists or individuals, and other types of use which would cause congestion of the networks or otherwise interfere with the work of others are not allowed.
- Anonymous and/or fraudulent posting of email messages
- Electronic mail (e-mail) is a form of public communication and cannot be guaranteed to be private. Messages can be intercepted while in transit through the system. Be discreet.
- Issues of personal privacy and data confidentiality are very important to the university. Personal data will only be accessed in accordance with part IV. Section A.
- The systems and network administrators do have access to all files stored on the university servers. In the course of routine system maintenance, troubleshoot ing and mail delivery problem resolution, staff may inadvertently see the content of email messages. However, these individuals are prohibited from accessing personal files except as otherwise stated in part IV. Section A.
All communications and information accessible via the Internet should be assumed to be copyrighted and should be accessed and redistributed using regular copyright rules. When sources found on the Internet are cited, the name, date and location of the information must be included. Compliance Procedure:
- Inappropriate uses of computer resources should be reported to the Director of Academic Computing or the Director of Computer Services.
- Examples of inappropriate use include:
The guidelines on use of copyrighted materials for course pages are generally derived from the fair use provisions of the United States Copyright Act of 1976 as amended. 17 USC Section 107 establishes that reproduction of copyrighted works for educational and research purposes does not constitute infringement if it conforms to four factors. The complete text of this section is as follows:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The collections of the Drury University Library are purchased with the understanding that numerous students and researchers will use them. The library pays institutional subscription rates for most of its journals that considerably exceed individual subscription rates because the publishers recognize that multiple uses will be made of these materials. Electronic copies of course materials, uploaded on course pages, provide an orderly means of making limited library materials available to all students enrolled in a class.
Guidelines for non-copyrighted materials:
- Digital copies of personal materials such as syllabi, reading lists, homework solutions, lecture notes, PowerPoint presentations, etc., may be included without restriction.
- Digital copies of student papers or other projects may be included if the course syllabus has clarified this requirement for the students. Student papers should not be placed on faculty Web pages unrelated to class activity without permission.
- Links to Web pages may be included without restriction.
Digital copies of copyrighted materials may be placed on course pages by faculty or a designated assistant or collaborator. Faculty should determine whether their use of a digital copy of copyrighted material meets fair use by using guidelines, or after obtaining permission for its use. For additional information on copyright, fair use, and permissions, see the Columbia University Copyright Advisory Office Website.
- Password protection of a course page strengthens a fair use determination.
- Link to articles in full text databases if possible, and if the licensing agreement permits it.
- Generally, material found on Web pages is considered copyrighted though it may never have been registered. Permission to use such material should be sought from the author. Otherwise, a link should be provided to the desired material.
- Electronic copies should be removed when they are no longer being actively used for a class. A page containing copyrighted material should never be accessible when the course is not offered except as a short-term expedient to assist students who are finishing up incompletes.
The electronic copying and scanning of copyright-protected works for course pages are unsettled areas of the law which may be addressed by the Supreme Court or in future revisions of the copyright law.