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Telephone communications provide valuable opportunities for students and prospective students to consult with our enrollment advisors regarding programs and services offered by the University of St. Augustine for Health Sciences (“USAHS”). USAHS has adopted and adheres to the policies described below to comply with Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”) telemarketing regulations and applicable state laws. As used in this document, “telemarketing” means a plan, program, or campaign conducted to inform individuals about opportunities to enroll in the university or to purchase goods or services through use of a telephone or SMS messages.
USAHS and its affiliates contact only individuals that have provided their prior express consent to be contacted or with whom USAHS and its affiliates have an established business relationship. USAHS and its affiliates do not make cold calls or SMS messages to consumers for telemarketing purposes.
USAHS and its affiliates maintain policies and procedures for its employees who interact with students and prospective students by telephone and/or SMS messaging. USAHS employees are trained to use these procedures and record the do-not-contact requests of consumers who no longer wish to receive telephone solicitation calls or SMS messages from USAHS. USAHS and its affiliates take appropriate administrative actions against employees who violate company policy. USAHS and its affiliates also require any third parties that assist with USAHS and its affiliates’ calling campaigns to follow university policy and applicable laws.
Questions about this DNC policy should be directed in writing to:
Office of General Counsel
University of St. Augustine for Health Sciences
5401 La Crosse Ave.
Austin, TX 78739
Each USAHS student will be provided a University email address. Students will use email to stay connected with faculty, support staff, and other students at USAHS. Students should begin monitoring the account as soon as possible but no later than the first day of classes. The University will frequently use email to send important announcements and information. Students will be expected to be able to reply and interact in a timely manner. USAHS departments will only communicate with students using the USAHS email address.
Students may wish to use the organizational features of the email software (folders, contacts, etc.) to facilitate email management. Plan on checking email frequently and set up an electronic filing system for messages. Delete messages that have already been dealt with and save attachments to a designated area on a hard drive.
Remember to frequently check the spam or junk mailboxes. Sometimes university emails (.edu addresses) are identified as spam and important information is missed because the email message is not in the usual inbox.
- To enunciate USAHS’s commitment to copyright compliance in the academic environment
- To provide basic information on copyright protection and to offer clear examples of potential violations
- To direct students to educational and legal resources for addressing copyright questions
- To describe student disciplinary action to be taken when USAHS’s copyright policy has been violated
Statement on Copyright Compliance
The University of St. Augustine for Health Sciences expects all students, faculty and staff to respect and adhere to U.S. copyright laws. Copyright laws govern the unauthorized copying, performance, licensing, modification and distribution of creative works, including textbooks, music, artwork, and other published and unpublished works. Only the creator or the legal copyright holder has a right to copy, perform, license, modify and distribute such works, even if there is no related profit motive.
USAHS works to educate its students and faculty on the ethical and legal use of copyrighted works and provides numerous resources to provide guidance on the use of these materials.
USAHS’s copyright policy will be provided to incoming students in the Catalog/Handbook, and additional information on copyright is readily available through USAHS’s library webpage in the “Copyright” section.
Student violation of copyright laws or policy is considered academic misconduct and will be subject to disciplinary action through the Professional Misconduct Committee. Under U.S. Copyright Law, a copyright owner who has been the victim of copyright infringement is entitled to recover actual damages and profits from the infringer or statutory damages of up to $30,000 per violation. The copyright owner has the right to permanently enjoin the infringer from further infringing activities.
What Copyright Laws Protect
Copyright laws protect any work that requires creative effort, is original, and is set down in a tangible medium of expression. This ensures that the author of a creative intellectual work is rewarded for his or her effort and promotes creativity. Only the copyright holder of a work may sell or transfer his or her rights, including copying, performing, licensing, creating derivative works from and distributing the work.
While certain very limited exceptions are made under the law for educational purposes, any copying and distribution of creative works without the permission of the copyright holder may be illegal. Educational exceptions are briefly outlined under Fair Use below.
A work does not need to be registered with the copyright office to be protected by the law, it needs only to be recorded or set down in a tangible medium of expression. That means that even if it does not contain the © symbol, it remains protected and cannot be copied or distributed without permission of the creator.
A work does not have to be published in order to be protected by copyright, it needs only to be recorded or set down in a tangible format. Copyright protection is instant upon creation. For example, a professor’s course pack assembled and shared with a class would be protected by law, since it was created by the professor. That professor may have given permission by sharing the course pack or distributing copies her/himself, but further duplication without permission would violate copyright protections. While the course pack might later be published, it would not need to be published in order to be protected.
Digital scanning is a form of copying, even though it does not create a physical copy of the work. For example, scanning copies of a textbook for another student to use would be a violation of the law, even if the original textbook were purchased, since it creates a copy without the copyright holder’s consent. Placing a copy on a shared drive service like Dropbox would also be illegal, since this effectively distributes copies to those who download the item. Making copies of an eBook version of the book would also violate copyright law. Even piecemeal copying of chapters in this situation, either by photocopy or electronic copy, would violate copyright laws.
Downloading or sharing infringing content using USAHS’ network, whether through a peer-to-peer service or from any other source without the rightsholder’s permission is a violation of the law which may subject you to civil and criminal liabilities.
These are clear cases of copyright violations, but many cases are very complex and may require review or consultation with legal counsel. In order to ensure continuing good faith and to remain in compliance with copyright law, we encourage students to be cautious in their use of protected materials, to take advantage of resources for evaluation of use, and to consult legal counsel when necessary.
Detailed information and links to additional copyright education resources are made available on the “Copyright” section of the University USAHS library webpage.
Fair Use in Education
USAHS recognizes that U.S. copyright law does make limited exceptions for use of copyrighted materials for educational purposes. In situations where the copying is done for the purposes of teaching, research, learning, comment or criticism, fair use exceptions may be made to the exclusive rights of copyright. Simply because copying is motivated by educational purposes does not mean it is exempt from penalty; other factors are critical to determining whether fair use applies under the law.
The general criteria are applied by the courts on a case by case basis, but include evaluation of the following four factors:
- The purpose and nature of the work, including whether use is of a commercial nature or for educational or critical purposes.
- The nature of the copyrighted work, including whether it is fictional or factual and the creative effort required to produce it.
- The amount of the original work copied and whether this includes a substantial portion of the original or an important component that forms the heart of the work.
- The effect upon the potential market for the original work or upon its value. Even if a work is unpublished, its potential value is a factor.
It is important to be aware that the nature of USAHS as a private corporation could weigh heavily as providing a “commercial nature” to campus work. Thus, resources are provided for the careful evaluation of fair use by students, including fair use evaluation tools which can be found through the “Copyright” section of the University library’s website.
The University encourages the use of fair use evaluation forms for all educational use of copyrighted works in order to ensure compliance with laws and to provide a record of good faith attempts to evaluate fair use.
Student Disciplinary Action
USAHS takes compliance with federal copyright laws very seriously and has formulated this copyright policy to ensure adherence to the law by all students.
A copy of this policy is provided to each incoming student as a part of the Catalog/Handbook. Students are therefore expected to be aware of and to comply with these policies. Students are encouraged to report unlawful copying of materials by contacting their librarian, a faculty member, or initiate a report directly to the Professional Misconduct Committee.
Students found to have engaged in the unauthorized distribution of copyrighted materials will be referred to the Professional Misconduct Committee for disciplinary action and could be expelled from the University.
Additionally, USAHS maintains a program of accepting and responding to Digital Millennium Copyright ACT (DMCA) notices, which are immediately escalated to USAHS’ legal team for investigation and action. If the materials in question are determined by the legal department to be infringing, the Information Technology department is notified, and action is taken that can include either the removal of the infringing materials from USAHS’ network or the blocking of the infringer’s network access. The infringer is notified and reminded of USAHS’ Code of Conduct. Repeated violations can result in dismissal.
Additional Information and Assistance
Copyright is a very complex area of the law, even for experts, so if you have questions, consult the many resources available or consider contacting legal counsel. Useful information on the basics of copyright and educational exceptions can be found on the “Copyright” section of the University library webpage.
All members of USAHS are encouraged to familiarize themselves with copyright basics and to utilize resources for Fair Use evaluation regularly in conjunction with this policy when making copyright judgments.
Student Property Rights to Inventions, Techniques, and Materials
Any inventions, techniques, materials, or processes or ideas in whole or in part conceived or made by a student which are made through the use of any of USAHS’s equipment, facilities, trade secrets, money or time shall belong exclusively to USAHS, unless a waiver has been approved.
Students and employees are reminded that many legal sources of content are available at www.educause.edu/legalcontent.
Last Updated: 2/5/2020