PLEASE PLAY IT SAFE - DO NOT download files - music, video, games, software, etc. - for which you do not have copyright permission. You make yourself liable for big problems if you do! Click here to read a booklet on protecting yourself.
- When someone downloads a file to their computer in violation of copyright law, they normally use a P2P file-sharing program to do so.
- The default setting for that program is to turn that computer into a file-server, then sharing that file out to the rest of the world. The user may not even be aware of this.
- The Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA), and other organizations working on behalf of copyright owners, send a notice to the Internet Service Provider's Digital Millenium Copyright Act (DMCA) Agent. Our DMCA at Oberlin College then notifies CIT of the receipt of such notification.
- We are then required to take measures to have the offending material removed from network access. We then contact the violator and remove that person's computer from network access for 30 days. Thus, that computer can't be plugged in anywhere on the campus network, wired or wireless, for 30 days. The violator must send an email to the Director of CIT, notifying him that the material has been removed from his/her computer. (RCCs can assist with this, if desired.) In addition, the Dean of Students Office is notified and second offenders are subject to Judicial Board action.
The Recording Industry Association of America (RIAA) is adamant in their pursual of copyright violators. They have been sending notices to college and universities, asking them to be forward pre-litigation settlement letters to violators, seeking to resolve copyright infringement claims against them at a discounted rate before a formal lawsuit is filed.
HERE ARE THE FACTS:
Downloading works (music, video, interactive games, etc.) from Peer-to-Peer (P2P) Networks:
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. Since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
Since the files distributed over P2P networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures.
By purchasing works through authorized services, users can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.
Oberlin College receives notifications of violations of copyright authority from the RIAA, MPAA, and ISDA, to name a few. Once we receive such notification, we are required to remove the offending material from network access, which equates to disabling network access for the computer involved.
Students determined to be involved in these copyright violations will have their network access disabled for a minimum period of one month, or the end of the semester, whichever comes first. Network access will only be re-enabled after the student sends (via email) a written report to the Director of Information Technology confirming that he/she has taken appropriate action to effectively terminate the illegal sharing of media files. Students involved in repeated incidents will have their network access disabled for an indefinite period and will be referred to a judicial coordinator for possible Judicial Board action. Faculty or staff involved in such incidents will have their network access disabled until the material is removed from network access and will be referred to their applicable Department Head for further adjudication.
DO NOT download files using P2P file-sharing programs unless you have received the proper approval from the copyright owner.
Below are responses to FAQs from the RIAA/Campus Downloading informational website:
How do I know what’s legal and what’s not when it comes to copying music?
Here’s the bottom line: If you distribute copyrighted music without authorization from the copyright owner, you are breaking the law. (Distribution can mean anything from "sharing" music files on the Internet to burning multiple copies of copyrighted music onto blank CD-Rs and selling or giving them to others.)
Is it illegal to upload music onto the Internet even if I don’t charge for it?
Yes, if the music is protected by copyright and you don’t have the copyright holder’s permission. U.S. copyright law prohibits the unauthorized distribution of copyrighted creative work whether or not you charge money for it.
What will happen to me if I get caught illegally copying or distributing copyrighted music?
Under federal law, first-time offenders who commit copyright violations that involve digital recordings can face criminal penalties of as much as five years in prison and/or $250,000 in fines. You could also be sued by the copyright holder in civil court, which could cost you hundreds of thousands of dollars more in damages and legal fees.
Is downloading and uploading music really stealing?
If it’s done without the permission of the copyright holder, it’s legally no different than walking into a music store, stuffing a CD into your pocket, and walking out without paying for it.
Are there any sites where it’s legal to download music?
There are plenty of Internet sites that offer music for legal downloading. To check them out, go to the legal sites section of this web site.
If all I do is download music files, am I still breaking the law?
Yes, if the person or network you’re downloading from doesn’t have the copyright holder’s permission.
Can I use E-mail or instant messenger services to exchange songs with my friends?
The use of e-mail or instant messenger services to exchange songs is governed by the same copyright laws that apply to any other form of reproduction or distribution.
Am I breaking the law if I upload or download copyrighted music and leave it on my hard drive for less than 24 hours?
Reproducing or distributing copyrighted music without the permission of the copyright holder is against the law regardless of how long you hold on to the music.
Is it legal to post music that is no longer "in print"?
Copyrights don’t last forever. Eventually all creative work becomes part of what is called the public domain—at which point anyone and everyone is free to copy and distribute it as they please. But just because a particular recording has gone out of print doesn’t mean its copyright has lapsed. If it hasn’t, then you need to get permission from the copyright holder before you post it.
What if I upload or download music to or from a server that is based outside of the U.S.?
If you are in the United States, U.S. law applies to you regardless of where the server may be located.
What if I download or upload poor-quality recordings?
The law prohibits unauthorized copying and/or distribution of digital recordings that are recognizable copies of copyrighted work. The quality of the recordings doesn’t matter.
How do I know if something is copyrighted?
When you buy music legally, there is usually a copyright mark somewhere on the product. Stolen music generally doesn’t bear a copyright mark or warning. Either way, the copyright law still applies. A copyrighted creative work does not have to be marked as such to be protected by law.
Doesn’t the First Amendment give me the right to download and upload anything I want, including copyrighted music?
The answer is, no, it does not. What copyright law prohibits is theft, not free expression.
Doesn’t the "Fair Use doctrine" give me the right to download and upload copies of music I’ve purchased?
No, it doesn’t. In certain instances, the use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship or research might not constitute infringement, depending on (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work has a whole, and (4) the effect of the use on the potential market for or value of the copyrighted work. However, courts have rejected the notion that uploading and downloading copyrighted sound recordings without permission constitutes "fair use."
Besides the record companies, who does copying music actually hurt?
First and foremost, illegal copying hurts the songwriters and recording artists who make the music. These people depend on the royalties they get from the authorized sales of their recordings to make a living. Many recording artists receive most of their income from royalties. For many young artists, income from royalties means survival. In the end, illegal downloading means that artists won’t be fully rewarded for their hard work and devotion to their craft.
Are you against "peer-to-peer" services?
We are not against P2P services. We are against people who steal and illegally distribute copyrighted music that doesn’t belong to them. The music industry has been a major beneficiary of new technology (from wax cylinders to vinyl to LPs to CDs), and the current technological developments are no exception. But let's face it, even great technology can be abused. And that's what the industry is confronting right now. We have to figure out how to take advantage of the great new delivery systems that the Internet offers, without being seriously damaged by uncontrolled piracy. P2P in particular can really be a fabulous technology - but right now it's doing far more harm than good. (So surveys show.)
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