Copyright Infringement — Our Roles and Responsibilities
- Copyright — Our Roles and Responsibilities
- Are you in violation? Check these common myths.
- What does the DMCA mean to you?
- What should you do if you have unauthorized copyrighted material stored on a computer?
Copyright — Our Roles and Responsibilities
The protection of intellectual property and respect for the rights of copyright holders are important values in the life of a university. ITS reminds everyone of our responsibilities regarding copyright as university citizens, and users of the UAlbany IT infrastructure.
Are you in violation? Check these common myths.
Some Copyright Infringement Myths:
| Myth: |
If I just download music for my own use and don't serve it to others, it isn't infringement.
FALSE — if you don't have permission, it's infringement. |
| Myth: |
I only keep a few songs on my PC; that's just incidental use and is allowed under the campus
"Responsible Use of IT Policy."
FALSE — if it's infringement, it's a violation of the Policy, and not covered by incidental use. |
| Myth: |
Since this is a University, downloading of music and movies is OK because it is covered under
the "Fair Use Doctrine" of copyright law.
FALSE — although the "Fair Use Doctrine" applies to many uses of copyrighted material used in teaching, it is not a defense to the downloading of copyrighted songs and movies. |
| Myth: |
The entertainment industry is only interested in stopping students from downloading music and
movies.
FALSE — employees are not exempt from the industry effort to identify and prosecute infringers. |
| Myth: |
Well, the composer is dead, so its OK to trade the songs.
FALSE — U.S. Copyright law is basically "life-plus-seventy" years in duration. |
Need more info? Write to CIO@albany.edu with Copyright in the subject heading.
What does the DMCA mean to you?
It is the policy of the University to comply with all aspects of United States copyright law and with the Digital Millennium Copyright Act (the DMCA). The University's Responsible Use of Information Technology (IT) Policy addresses the importance of complying with copyright in section II.2 Copyright and section II.6 Abuse of Computer Resources-Violations of Copyright. Please take this opportunity to read the Responsible Use Policy, which can be found at http://www.albany.edu/policies/computer_usage.
Respecting the rights of copyright holders, and understanding the implications of copyright infringement, have become popular topics with the advent of file-sharing programs (like KaZaA) that enable the downloading of music and movies. While the use of file-sharing programs such as KaZaA is not per se illegal, it carries certain risks. File-sharing programs often contain default settings that enable serving of files, not just downloading. Don't become an unwitting server of illegal files! Also, these programs have a high incidence of virus/worm infection. Beware. Usage and distribution of copyrighted work without the copyright holder's permission is copyright infringement.
In the last year, the entertainment industry has become very aggressive in protecting its copyright interests, especially given the volume of internet-based downloading of music, movie and software files. In some cases, the Recording Industry Association of America (RIAA) has sued infringers and won significant monetary damages. The University now regularly receives Notices of Alleged Copyright Infringement from companies (RIAA, Universal, Paramount) who hold copyrights.
In compliance with the terms of the DMCA, the University has instituted procedures for dealing with alleged copyright infringement, whether by students or employees. For employees, the procedure includes notification to the employee and their supervisor of the alleged infringement and the suspension of network access. The Office of Human Resources then follows standard procedures for situations involving violation of university policies. Students are notified of violations via email and their network access is suspended within 24 hours of legal notification. In order to restore their service, students must pay a $25 re-connect fee and meet with the Associate Director of Client Services Instruction and Educational Services to review the details of the complaint and discuss their obligations under US intellectual property law. For particularly egregious or recurring cases, students may be referred to the Office of Judicial Affairs.
If you have any unauthorized copyrighted material stored on a computer, file system, or media such as CDs or DVDs that is connected to the campus network, you should remove it now. Failure to do so may put you at risk for violation of the University's Responsible Use of IT Policy.
The ITS Helpdesk can assist you with removing files or file-sharing software, no questions asked. Please help us preserve the IT infrastructure for its intended uses — supporting teaching and learning, research and the business of the university.
Need more info? Write to CIO@albany.edu with Copyright in the subject heading.
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