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Infringement Policy

Ensign College ("College") requires all users of College online, internet, web, and related services to comply with local, federal, and international laws, including copyright, trademark, and privacy laws.

REVIEW THE RULES BEFORE YOU USE.

Navigating trademarked and copyrighted materials can be tricky. That’s why we’ve created our Intellectual Property Guide, to help you cover your media use bases.

INFRINGEMENT POLICY
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    Ensign College Copyright Infringement Contact
    Brandon Bowen, Director of Learning Resources, is the "Designated Agent" to receive claims of copyright infringement connected with Ensign College online services. He is also the designated agent to receive claims of trademark infringement connected with Ensign College services and activities or to receive claims if someone discovers his/her unauthorized image, voice or likeness in one of the College’s online publications and would like it removed.

    Contact information is:

    Brandon Bowen
    Director of Learning Resources
    Ensign College
    95 N. 300 W.
    Salt Lake City, UT 84101-3500
    (801) 524-8181
    bowenbrandon@ensign.edu
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    Submitting Claims of Infringement
    As stated in the Digital Millennium Copyright Act, Title II, Section 512(c), claims of infringement by the copyright owner must be submitted in writing, and must include the following information:

    • The name, address, and signature or electronic signature of the complaining party.
    • Sufficient information to identify the copyrighted work or works in infringing matter and its internet location.
    • A statement by the owner that it has good faith belief that there is no legal basis for the use of the material in question.
    • A statement of the notice’s accuracy and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

    The Designated Agent, in cooperation with the Office of the General Counsel at Brigham Young University, will investigate claims and notifications of copyright infringement. If Ensign College determines that any users have infringed the copyrights of others, those users, subscribers and/or account holders will be contacted and appropriate action will be taken.

    Ensign College reserves the right to choose how to address or respond to any allegation of copyright infringement in accordance with applicable law, including, but not limited to availing itself of the defenses, such as fair use, that are available to copyright defendants generally. Users, subscribers, and/or account holders who are deemed by the College, in its sole judgment, to be repeat copyright infringers may have their related access and privileges terminated.
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    Copyright Infringement and Repeat Infringers Policy
    Ensign College respects the valid intellectual property rights of third parties and requires all users of College computer systems or servers (including but not limited to computer networks, online, internet, web, and related services) to comply with local, federal, and international laws, including copyright laws. Users of the College’s computer systems or servers may not store or disseminate material of any type or in any format (including but not limited to music, movies, television shows, software, photographs, video productions, or any other material protected by copyright, trademark, and/or patent law that can be conveyed electronically) on the College’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the U.S. Copyright Laws.

    The College reserves the right to conduct inquiries to determine whether the activities of any user or account holder of the College’s computer systems or servers appear to be infringing. The Designated Agent, in consultation with the College Office of Information Technology and the Office of the General Counsel at Brigham Young University, may investigate claims and notifications of copyright infringement. If Ensign College determines that any users have infringed the copyrights of others, such users, subscribers, and/or account holders will be contacted and appropriate action will be taken. Ensign College will follow College policies and procedures for an administrative review and determination of appropriate sanctions.

    In accordance with the Digital Millennial Copyright Act and other applicable law, Ensign College may terminate, in appropriate circumstances, access to College computer systems, electronic networks and/or services provided to any user or account holder who is a repeat infringer. Appropriate circumstances may exist where:

    1. a user of College computer systems or networks or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on multiple occasions, i.e., a repeat infringer;
    2. the College has received multiple valid, effective, and uncontested notifications alleging that a user or account holder of the College’s systems or networks has committed copyright infringement using the College’s systems or networks; or
    3. a user has engaged in flagrant abuse of access to the Internet using the College’s systems or networks (e.g., willful commercial piracy or malicious attempts to destroy the value of copyright works).
    Further, where the College has actual knowledge that any material residing on a system or network controlled by the College at the direction of a user is infringing, the College shall act expeditiously to remove or disable access to the material.

    Users violating the College's copyright and infringement policies may be subject to the full measure of disciplinary action up to and including warnings, suspension, and termination of College status and/or employment where applicable. The College expressly reserves the right to terminate or suspend the user’s or account holder’s computer and network access if the College, in its sole judgment, believes that circumstances relating to infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights the College may have under law or contract.

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