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ITS At A Glance
Contact Information
315-859-4169 315-859-4185 (fax) |
Sharing Music & MoviesYOUR RESPONSIBILITIES AT HAMILTON COLLEGE WITH RESPECT TO COPYRIGHT LAWThis document provides an overview of Hamilton College's policies and procedures governing music and movie sharing and how we deal with alleged violations. Actions against violators of copyright by many organizations, including the Recording Industry Artists Association (RIAA) and the Motion Picture Association of America (MPAA), have made it imperative that everyone understand the risks of sharing music and movies with others. Key Points
COPYRIGHT LAWThe copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material regardless of the format of that material. This includes downloading of copyrighted material such as songs and movies. Copyright law is complicated and its interpretation is sometimes controversial.In simple terms, it is possession of the file or song (or CD) when you have not paid for it that make it illegal. The only time a copy of a file, song or movie is legal is when you own the CD,DVD, program or file and you use the copy only as a backup. THE DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)The RIAA and the MPAA are regularly scanning the Internet looking for illegal file sharing of copyrighted material. If they detect such activity they file a complaint using the DMCA. The DMCA specifies procedures that Hamilton must follow when notified of a copyright violation by an individual using our network. If the copyright holder contacts Hamilton (called an infringement notice) about a violation we will contact the violator and require removal of the offending material from his/her computer. If the material is not removed, the person's computer will be restricted from accessing the network. The individual has the right to claim that the material is not protected by copyright and then a legal process begins. To date, every notice we have received has resulted in the offending material being removed. The details about the DMCA procedures can be found at:DMCA Procedures PEER-TO-PEER PROGRAMS (P2P)P2P programs have been developed to allow people to share information in digital formats across the Internet. In particular,programs like BitTorrent, Limewire, Ares, KaZaA, Gnutella, Morpheus, and AudioGalaxy are commonly used to share music and movies without regard to the restrictions placed on that material by the copyright owners. Most commercially produced music and movies are copyrighted and cannot be freely shared. This is the law. You should also know that file sharing programs often contain Spyware, which can compromise and degrade the functioning of your computer. Hamilton does not restrict or examine the information content that is being transmitted over the network (e.g. the music itself) but we do limit the bandwidth certain applications can utilize on the network and restrict the number of connections a computer can use on the network in order for us to give priority to academic uses of our network. Members of our community must follow college-defined policies for appropriate use of technology resources. Hamilton's IT Policies and Procedures RECENT LEGAL ACTIONSThe RIAA and other organizations are taking actions to stop illegal sharing of copyrighted material. These actions take three forms: infringement notices (described above), settlement letters that suggest a subpoena is imminent (and suggesting that the violator should contact the RIAA to avoid a subpoena), and finally a subpoena. In the first two cases, Hamilton notifies the violator and passes along any information we have received. If Hamilton receives a valid subpoena, we are required to provide the name of the violator who is using our network. Subpoenas can lead to lawsuits, substantial financial penalties and perhaps jail time. The consequences of illegally sharing copyrighted material over the Internet are serious.Most music and movie-sharing violates the law that we are bound to uphold. If you distribute copyrighted music and videos you are putting yourself at risk of losing computing privileges, being charged by the Hamilton College judicial board, and facing prosecution under civil and criminal laws. Frequently Asked QuestionsQ As long as I keep my number of downloads moderate, am I still at risk of legal action? A Yes Q Is peer-to-peer (P2P) file sharing illegal? A No, just the sharing of copyrighted material. Q Is it legal to burn a CD or DVD? A Yes, as long as you purchased the material and use the copy for backup. Q Is it copyright infringement to sell a CD to someone else? A No, copyright law permits lending, destroying, and selling legally purchased copyrighted material as long as you don't keep a copy. Q Are people really being prosecuted for illegal downloads? A Absolutely, last year thousands of students at colleges and universities were prosecuted for illegal downloads. Q If Hamilton receives a subpoena how will they know it was me? A Hamilton keeps logs of network activity for the purposes correcting network problems. These logs are not routinely examined but can often identify a person doing illegal downloading if we receive a subpoena. Q Does peer-to-peer (P2P) music sharing fall under "fair use"? A Almost never. If you have further questions, contact askits@hamilton.edu |
Key ResourcesServices (phone numbers) |
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