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.