Otis College Copyright Information

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

Notice Concerning Use of This Site

Otis College of Art and Design ("Otis") has created and maintains this site (the "Site") in support of its mission to provide education, information, and research. Access to and use of this Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and other notices. You acknowledge full and complete acceptance of these terms.

LINKING POLICY


Otis College of Art and Design welcomes links to our Web site. We prefer that you establish links to our home page (www.otis.edu); however, you may create links to specific pages within our Web site.

  1.  Links should lead to whole pages on the Otis site; direct linking to partial pages or individual files (i.e. image files, multimedia files, etc.) is not permitted. Similarly, Otis does not permit the framing of its pages and files in the framesets of external sites.
  2. Please use the college's official name ("Otis College of Art and Design") in your links.
  3. Links from your site to Otis' web site should be clearly identified as a link to an external site.
  4. Links to Otis College of Art and Design should not assert or imply an endorsement by or affiliation with Otis College of Art and Design. Otis does not endorse organizations, products, or services.
  5. We would appreciate an e-mail from you informing us of your links to our site (otisinfo@otis.edu).
  6. Otis reserves the right to withdraw permission for any link and to change this linking policy at any time.
  7. Please note that all content on Otis' website is protected under copyright law.



LINKS TO EXTERNAL SITES


The Site may contain links to third party sites. Otis has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. Your linking to any off-site pages or to other sites is at your own risk. Otis provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.

PERMISSIONS

Any party wishing to use any of the Materials from the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from Otis. Permission for such use is granted on a case-by-case basis at the sole discretion of Otis. Otis reserves the right not to grant permission to use its Materials, and does not grant permission to use Materials of third parties.

TRADEMARKS

The trademarks, online logomarks and service marks (the "Trademarks") displayed on the Site are registered and/or unregistered Trademarks of Otis. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of Otis or any third party owner of the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.

TERMS AND CONDITIONS

Access to and use of Otis image and text files and data on this Site are subject to the following Terms and Conditions:

  1. The text, images, and data on the Site are protected by copyright and may be subject to other restrictions as well. Otis and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the "Materials"). Users may download Materials for their own use, subject to these Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials is retained.
  2. The Materials are made available for use without permission only for limited non-commercial personal or educational use, or for fair use as defined in the United States copyright laws. Users must cite the author and source of this Material as they would material from any printed or other work, and the citation should include the URL "https://www.otis.edu", in addition to all copyright and other proprietary notices contained on the Materials. In granting this limited permission, however, note that Otis does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than Otis, including reproductions of works of art licensed to Otis by third parties such as artists or artists' heirs holding rights to these works, or selected images of works in the Otis collections may be reproduced for scholarly and research purposes under the fair use provisions of the U. S. Copyright Act. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.
  3. Otis expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected Materials on the Site, and permits only the purposes described above.
  4. Otis uses reasonable efforts to include accurate and up-to-date information in this Site, but Otis makes no representations or warranties as to its accuracy. Otis assumes no liability or responsibility for any errors or omissions in the content of the Site.
  5. Use of and browsing in the Site are at your risk. Neither Otis nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, all Materials on the Site are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. Otis assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any Materials from the Site.
  6. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Otis or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and the like. Otis is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.

DIGITAL MILLENNIUM COPYRIGHT ACT


For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 512(c)(2), Otis has designated an agent for notification of claimed infringement as follows: Mein Ma, CIO, contact. Otis provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance. Otis may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.



RELATED DMCA DOCUMENTATION

Complying with the Digital Millennium Copyright Act (PDF)

Response to a Student Violation of the DMCA (PDF)