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    Copyright Policy & Guidelines Home

    FAIR USE GUIDELINES

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    Peer-to-Peer File Sharing and Copyright Law

    Dartmouth College is devoted to creating, discovering, and sharing knowledge and information. Dartmouth is also committed to taking reasonable steps to avoid misuse of its computer network, including use of the computer network to violate the Copyright Law of the United States. All students, faculty, and staff should have a basic understanding of the Copyright Law and appropriate use of Dartmouth's technology resources.

    Campus computer networks are often used to reproduce and distribute copyrighted music, movies, television shows, pictures, and software through the use of peer-to-peer (P2P) networks. P2P file sharing applications allow a computer to connect to a P2P network, and once connected, make it possible to download and share files with other users on the network. P2P networking has been around for many years, but file sharing applications such as LimeWire, KaZaA and BitTorrent have made it easy to trade files with people around the world. Beginning in April 2003 when members of the Recording Industry Association of America filed civil suits against students at Michigan Tech, Princeton University, and Rensselaer Polytechnic Institute seeking substantial damages for copyright infringement, there has been an increasing level of attention to violators of copyright laws. (Those cases were quickly settled, with each of the student defendants agreeing to pay more than $12,000 in damages.) Since then, there has been increasing pressure on universities to take action against copyright violations, especially those attributable to P2P. When Dartmouth College receives a complaint from a copyright holder, we notify the individual involved and pass along any information received from the copyright holder to that individual. We do not supply any information to the copyright holder about the individual involved unless a valid subpoena is presented.

    Here are the answers to some frequently asked questions about the application of the Copyright Law to peer-to-peer file sharing:

    Are peer-to-peer file-sharing systems illegal?

    What kinds of activities are probable violations of the Copyright Law?

    What does Dartmouth policy say about copyright infringement?

    Are MP3s illegal?

    How could I get caught if I violate Copyright Law or Dartmouth policy?

    How does Dartmouth get notified about violations and are all notifications the same?

    What will happen if I get caught?

    But if everyone breaks the rules, how can you punish just one person?

    How can I obtain digital music and movie files legally?

    What is fair use?

    How can I get more information if I still have questions about copyright?

    Are peer-to-peer file-sharing systems illegal?

    P2P technologies have many legitimate uses. For this reason, Dartmouth does not ban "P2P" programs from its network. We believe, however, that the primary use of P2P technology has been copying of commercial music and video files, without the copyright holder's permission, for personal enjoyment. It is that type of activity that generally violates the Copyright Law.

    What kinds of activities are probable violations of the Copyright Law?

    Any of the following activities, if done without permission of the copyright owner:

    Copying and sharing images, music, movies, television shows or other copyrighted material through the use of P2P technology.

    Purchasing a CD or DVD and then making copies for others.

    Posting or plagiarizing copyrighted material on your personal Web space.

    Downloading anything of which you don't already own a copy (software, MP3s, movies, television shows, etc.).

    Copyright law applies to a wide variety of works, and covers much more than is listed above. If you're in doubt about a particular work, assume that it is copyrighted!

    What does Dartmouth policy say about copyright infringement?

    The Dartmouth College Copyright Policy states: "The holders of copyright possess the exclusive right to authorize reproduction of, distribution of copies or phono records of, public performance of, public display of, and preparation of derivative works based on copyrighted works. . . . All faculty, students, and employees must adhere to this policy."

    Dartmouth's Information Technology Policy states: "Dartmouth College expects each member of the community to use Dartmouth's information technology resources, including connections to resources external to Dartmouth that are made possible by Dartmouth's information technology resources, responsibly, ethically, and in compliance with the Policy, relevant laws, and all contractual obligations to third parties. The use of Dartmouth's information technology resources is a privilege. If a member of the community fails to comply with this Policy or relevant laws and contractual obligations, that member's privilege to access and use Dartmouth's information technology resources may be revoked. ..."

    Are MP3s illegal?

    Some MP3s can be legally obtained through online subscription services (see the FAQ below) or from sites officially permitted by the copyright holders to offer certain MP3 downloads. Some are copyright free. Most MP3s don't fall into either category.

    स्रोत : www.dartmouth.edu

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    Peer-to-Peer File Sharing and Copyright Infringement

    This document is presented to students at the University of Maryland, Baltimore (UMB) to provide information about the lawful use of copyrighted materials on UMB’s computing networks and in UMB facilities, as well as to provide information about the consequences of illegally uploading, downloading, and sharing music, games, and movies.

    This document is not intended to be a comprehensive treatment of the copyright laws; it is intended to provide basic information to help you understand the differences between legal and illegal file sharing. You are urged to print a copy of this document and read it carefully.

    In the past, many students have ignored the information provided to them about the consequences of illegal file sharing and, as a result, have been sued and had to pay thousands of dollars in financial settlements for infringing on the copyrights of music and movie companies.

    Risks of Illegal File Sharing

    Contrary to what many students believe, U.S. federal law treats the unauthorized uploading, downloading, or sharing of copyrighted material as a serious offense that carries serious consequences. Any UMB computer account holder who infringes copyright laws risks a lawsuit by the copyright holder, loss of access to the UMB computer system, and disciplinary action by UMB.

    In recent years, copyright holders and their trade associations — especially the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) — have aggressively pursued copyright holders’ rights and have been increasingly focused on university students. In some cases, the cost of settlement has ranged from approximately $3,000 to $8,000 or more for the initial offense, which may have been no more than the download of a single song, to upwards of such amounts for subsequent offenses. You also risk a possible criminal record by participating in infringing behavior. In December 2008, RIAA announced a change in strategy and said that it would begin to work with ISPs to combat illegal file sharing.

    UMB prohibits any infringement of intellectual property rights by any member of the University community. It is against UMB policy to participate in the violation of the intellectual property rights of others. Please refer to UMB’s policies regarding use of UMB computing resources: UMB IT Acceptable Use Policy and UMB IT Residential Network (ResNet) Policy.

    UMB is committed to the education of its students. Over the past few years, UMB has increased its efforts to make students aware of the policies that govern the use of its computing facilities and systems and to encourage the responsible use of UMB computing resources. These efforts include providing information about copyright laws, particularly with regard to file sharing.

    To protect you and the University from legal actions, we want to help you better understand the acts that constitute violations of federal copyright law, especially with regard to peer-to-peer (P2P) networks. If you use UMB’s network to access, download, upload, or otherwise share copyrighted materials without permission, without making a fair use, or without falling under another exception under copyright law, you are likely infringing copyright laws.

    In general, copyright infringement occurs when someone makes a copy of any copyrighted work, such as songs, videos, software, cartoons, photographs, stories, or novels, without permission (i.e., a license) from the copyright owner and without falling within the specific exceptions provided for under the copyright laws. These exceptions include, without limitation, "fair use," which is briefly described below, and provisions of the Audio Home Recording Act, which allow for noncommercial copying of lawfully acquired music onto recordable compact discs (CD-Rs).

    P2P File Sharing and Copyright Infringement

    स्रोत : www.umaryland.edu

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    Learn more about peer-to-peer file sharing and copyright infringement.

    Peer-to-Peer File Sharing and Copyright Infringement

    Peer-to-Peer (P2P) file sharing networks use end-user computers for both clients and servers and are commonly used to share electronic media. P2P networks are often used to illegally download and distribute copyrighted material, including music, movies, software and games. P2P networks are also used to distribute malicious software like viruses, worms and spyware. Examples of P2P programs are Limewire, Frostwire, Kazaa Lite, Gnutella, and BitTorrent.

    By installing P2P file-sharing software you open your files to millions of other users, even if you didn't mean to! With P2P networks, students who lawfully purchase music and movies online can easily find themselves on the wrong side of the law.

    Illegally Sharing Music and Movies is a Crime!

    There are many risks associated with using P2P file sharing networks, including severe criminal and civil penalties from exposure to copyright law infringement. Even sharing movies and music with friends is considered a criminal act.

    Criminal penalties for first-time offenders can be as high as 5 years in prison and $250,000 in fines. Individuals who illegally reproduce or distribute copyrighted material may face criminal prosecution even if there is no monetary gain or commercial benefit.

    Civil penalties have minimum statutory damages of $750 per song or movie. Statutory fines may be assessed without the copyright holder proving actual damages of the copyright infringing activity. Fines for willful cases of infringement can be as high as $150,000 for each copyrighted work.

    Students who illegally copy or distribute copyrighted material or use P2P file sharing networks on campus may lose computer and network privileges for up to 45 days, and in some cases privileges may be lost indefinitely.

    How to Protect Yourself

    Colorado Mesa University recommends that users take every precaution before making the decision to install or use P2P software on any computer. Please read carefully all installation documentation and agreements associated with the software you choose to install. Remember, downloading or distributing copyrighted material through the use of P2P networking is prohibited on the University network at all times.

    Looking for Legal Sources of Music & Movies?

    There are a number of sources for online media. The following organizations provide in-depth information pertaining to copyright law and maintain lists of legal sources of music, movies and TV shows.

    Recording Industry Association of America (riaa.com)

    Motion Picture Association of America (mpaa.org)

    स्रोत : www.coloradomesa.edu

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