FAQ - COPYRIGHTED FILES
I am having a hard time finding "documentation
that expressly gives [me] the legal right to distribute" these
files. I want to make them available to friends over our internal
network and I am sure that its okay. Can I go ahead and distribute
these files?
NO. You MUST present documentation that expressly
gives you the right to distribute digital files, whether you
distribute them over the College's private network or to the
outside world via the Internet.
Isn't the burden of proof on Information Services
to prove that the distribution of these files is in violation
of the law?
No. You cannot be covered under the "fair
use" provisions of the copyright act unless you are distributing
the files for formal educational purposes, . Therefore, you
are in violation of the copyright law unless you have been given
permission by the copyright owner.
Isn't the network private, and therefore not
subject to outside rules or law?
The network is private - which means that the
network is owned and operated by a private non-profit college.
But copyright law covers the copying and distributing of all
copyrighted works - regardless of who owns the means of reproduction
or distribution.
Students can still download illegal digital files.
You can't stop it...
so why even bother?
The College is held responsible for illegal activity
that takes place on our network. If we know of illegal duplication
and/or distribution of copyrighted materials, we are obligated
by the Digital Millennium Act to take action.
I've been told that it is perfectly legitimate
to download and distribute copyrighted digital files, such as
MP3's or movies, as long as they do not reside on my hard drive
for more than 24 hours. Is this true?
No. Nothing in the law suggests that anyone can
infringe on a copyright if that infringement lasts for only
24 hours.
Doesn't the "fair use" provision of
the copyright law apply to the distribution of audio or visual
digital files?
No. The "Fair Use" provision allows
a portion of a copyrighted work to be duplicated for specific
purposes such as criticism, comment, new reporting, teaching,
scholarship, or research. Even if the use is directly connected
with a school assignment, you are permitted to copy or distribute
a only small portion of the total work in question. In the case
of music, you could duplicate a brief excerpt of a song, provided
that the use of such copying was directly related to teaching
or research, and that such a copying could not have an impact
on the potential market of the copyrighted work.
What will happen if Information Services discovers
that I have distributed copyrighted files?
If Information Services discovers illegal distribution
of copyrighted files, punishments for offenses are as follows:
First Offense: Student computer is removed from the network
for at least one week. Network privileges will be restored pending
confirmation of removal of file sharing software.
Second Offense: Permanent removal of network privileges.
Information Services routinely analyzes our computing
resources to assure optimal performance. This includes monitoring
traffic on the network. In order to comply with the Digital
Millennium Copyright Act, we reserve the right to review a student's
account when unusual activity warrants or if we receive a complaint.
