The Catholic University of America

Responsibilities of the Associate General Counsel

General Revision of the Copyright Law (1976) and Judicial Improvement Act of 1990

Summary of the Laws: The copyright law gives copyright owners the sole right to reproduce all or part of the work, distribute copies, prepare new (derivative) versions of the work, and perform and display the work publicly. Copyright protection governs "original works of authorship fixed in any tangible medium of expression." 17 U.S.C. § 102(a). The law protects unpublished as well as published material.

Responsibilities: The Associate General Counsel is responsible for updates to the Copyright Guidelines and also serves as a resource to faculty and staff on copyright questions.

Payment Card Industry Data Security Standard

Summary of the Requirements: Effective June 30th, 2005 VISA and Master Card put into effect a data security standard for any organization that processes credit card transactions accepting their card brand. Currently this program has expanded to include all major credit card brands. The credit card companies require that all members, service providers and merchants who store, process, or transmit cardholder data remain compliant with the PCI Standard. Member financial institutions (banks) are subject to fines of up to $500,000 per incident if there is a compromise on their network resulting in the loss or theft of cardholder information and the network is subsequently found to be non-compliant at the time of the compromise. The fines can increase up to $100,000 per incident if the member fails to inform the credit card companies of the suspected loss or theft. These fines can be passed on to the merchants pursuant to contract. Many institutions of higher education will be required by contract to comply with these standards. When acceptance of credit cards at the institution is decentralized, there will be difficulty in meeting the standard.

Responsibilities: The Associate General Counsel is responsible for reviewing affected contracts to ensure that the terms of the contract do not impose impossible to meet standards on the University, and conversely, that any outsourcing affected by this standard contains language imposing the necessary standards on the provider.

Code of the State of Virginia: Title 23, Chapter 21.1

Summary of the Law:  The University is licensed to offer out of state programs at specified locations in Virginia per the link below. The license is a certificate to operate an institution of higher education and to offer degrees, courses for degree credit, or programs of study leading to a degree. Licenses must be renewed annually, and expire at the end of August each year.

Responsibilties: The Associate General Counsel supports staff in ensuring that the SCHEV application for license renewal is filed by June 30th each year.

See Out of state licenses for listing of Virginia academic programs

Related Policies

Copyright

Copyright Ownership