Digital Millennium Copyright Act

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Last updated: Jun 18, 2024 by Daniel LaGrow
8 min read

The State University of New York at Fredonia responds to illegal file-sharing of intellectual property using peer to peer software on-campus as follows:

Education:

Educate students, parents, and faculty/staff about campus policy and the implications of illegal file-sharing and copyright laws through new student orientation programs, residence hall programming, information dissemination (posters, flyers, emails, webpages etc) staff training, & online resources.

Policy:

The Fredonia Computer and Network Usage Policy clearly articulates campus policy and procedure on illegal file-sharing as well as standard penalties for this particular policy infraction. Residential network users must sign off that they have read the Fredonia Computer and Network Usage Policy before they are permitted to access the network.

The State University of New York at Fredonia Computer and Network Usage Policy:

Section V.Services - A. Academic/Administrative and Residential (ResNet) Network - File Sharing: Users are responsible for the security of the system. All student shared files must be password protected. If a user mis-configures the file sharing, others may be able to affect and alter the user's computer. Users are responsible for the content of files that they distribute. Current laws may permit users to be sued for libel, invasion of privacy, software piracy, pornography, and other such crimes. Fredonia is not responsible for any loss of data that may occur if users choose to activate file sharing. Copyright: Distribution of copyrighted materials such as computer software and music is normally prohibited, except where a portion of copyrighted material may be part of the public domain. In accordance with the Digital Millennium Copyright Act (DMCA) and with HR4137 “An Act to amend and extend the Higher Education Act of 1965 (HEOA), University policy forbids the copying, distribution, downloading, and uploading of copyrighted materials on any personal or College computer system or network. These materials include, but are not limited to, text (including emails and web information), graphics, art, photographs, music, film, and software. Violators of the Digital Millennium Copyright Act who have illegally shared copyrighted files are subject to civil penalties of between $750 and $150,000 per song. In the past, pre-litigation settlements offered by copyright owners have ranged from $3,000 to $4,000 and up. Additionally, a court may, in its discretion, grant the copyright owner reasonable attorney fees.17 USC § 506 lays out criminal penalties for intentional copyright infringement which can include fines and jail time.

Technology & Enforcement:

The widespread use of file-sharing programs to download and distribute music, videos, and software for recreational purposes can disrupt Internet access and damage the performance of other programs used for residential & academic work on the campus networks. Fredonia uses a technique called "bandwidth shaping" which limits connection speed for file-sharing programs. Information technology staff members also utilize network management tools to place users that have violated campus policy in a non-routable quarantined segment of the campus network after they have been identified.

Penalties & Sanctions:

The University adheres to all federal copyright and trademark standards and is committed to campus compliance through education, policy, and enforcement. Student violators will receive a minimum of a 30 day suspension from the date of the Fredonia DMCA cease and desist notification for their first offense and staff members will be counseled by their supervisors depending on the severity of the infraction. With regard to other penalties, violators of the Digital Millennium Copyright Act who have illegally shared copyrighted files are subject to civil penalties of between $750 and $150,000 per song. In the past, pre-litigation settlements offered by copyright owners have ranged from $3,000 to $4,000 and up. Additionally, a court may, in its discretion, grant the copyright owner reasonable attorney fees. Although prosecution of students for this type of file sharing is extremely rare, 17 USC § 506 lays out criminal penalties for intentional copyright infringement which can include fines and jail time.

Copyright Infringement Defined:

  • Copyright protections are created when words are put on paper, words are transmitted via email, music is recorded, computer software is written, or images are created. Once done, the work is protected by copyright. If someone else wants to use the work, they must get permission from the creator. If they use the material without the creator's permission - it may be copyright infringement.

  • Copyrighted material includes almost all forms of original expression fixed in a tangible medium even if no formal copyright notice is filed or attached. However, you cannot copyright any idea, process, system, method of operation, concept, principle, regardless of the form in which it is described.

  • Copyright infringement is any reproduction (download), display, distribution (upload), creation of derivative works, or public performance of copyrighted material without permission of the copyright owner or unless there is an applicable statutory exception or limitation.

  • Distribution of copyrighted material, including music, games, and movies, for which you do not have the owner's permission is a violation of federal law and University policy. Popular file-sharing programs, such as KaZaA, LimeWire, BiTTorrent, and Morpheus, commonly share downloaded music, movie and other files from your computer with users worldwide if you do not take specific actions to prevent this.

  • In order to maintain safe harbor under the DMCA, it is necessary that Fredonia terminate the Fredonia Internet services of students, faculty, or staff who receive a DMCA notice that (a) conforms to statutory requirements and (b) where no counter-notification has been filed. If the file-sharing and copyright infringement has been non-intentional, for example, as the result of computer compromise or "hacking", the Fredonia DMCA Agents will instruct the user to repair and secure the computer system or make an appointment with Fredonia's ResNet Office to have the system fixed, or with the ITS Service Center for assistance in file-sharing removal.

  • Copyright holders and their agents frequently scan the Internet for copyrighted materials (especially music, games, or movies) that are available to others from computer systems on the Fredonia network. The University receives notice from organizations acting as agents for media companies, alleging copyright infringement by users of the University's computing network.

Please note: Fredonia will reveal names of alleged offenders when, and only when, given a valid subpoena.

Counter Notification Process:

If the individual cited is certain that s/he is legally using the allegedly infringing material or that the copyright owner has misidentified the material, the individual can file a counter notice after removing any files on his/her computer that match the file name(s) specified in the notice. See the Digital Millennium Copyright Act, 17 USC 512(g)(3.) for complete information on the form and content of the counter notice. A counter notice must include the following information:

  1. The name, address, phone number, and physical or electronic signature of the individual filing the counter notice

  2. Identification of the material and its location before removal

  3. A statement under penalty of perjury that the material was removed by mistake or misidentification

  4. Consent of the individual filing the counter notice to local federal court jurisdiction

Disabling File-Sharing:

Disabling the file sharing component on your peer-to-peer software (Information Security and Policy) limits network utilization by off-campus users, will improve the performance of your system, and conserve University bandwidth for use by other students.

How Fredonia Responds to Valid DMCA Notices:

The Digital Millennium Copyright Act (DMCA) provides procedures that may be used by an Internet Service Provider (ISP) in dealing with claims of copyright infringement. Fredonia is an ISP for many members of its community of students, faculty, and staff. As a part of its compliance with federal copyright law and the DMCA, the University deploys a procedure to respond to bona fide notices of copyright violation by copyright holders.

  1. A copyright enforcement agency (i.e. RIAA, MPAA, Business Software Alliance etc.) acting on behalf of the intellectual property owner/distributor/creator contacts Fredonia via email with an official DMCA Notice.

  2. The University DMCA Agent or his/her designee assesses the DMCA Notice to ensure that it conforms to the statutory requirements. The University will evaluate the notice to be sure it substantially conforms to the statutory requirements, providing (1) the name, address, and physical or electronic signature of the owner of an exclusive copyright right or the owner's agent; (2) the allegedly infringing materials and their Internet location; (3) sufficient information to identify the copyrighted works; (4) a statement by the owner/agent that s/he believes in good faith that there is no legal basis for the use of the material; (5) a statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

  3. The University IT staff then identifies the implicated network client/user through the University's network access control appliance and through campus DHCPD server log entries using the technical credentials provided in the DMCA Notice.

  4. After the computer/user is identified, the residential user's network access is immediately disabled by placing the user in a non-routable segment of the network until remediation can take place. At this time the user will be automatically directed to a webpage that explains, in general terms, the possible reasons for their placement in a quarantined segment of the network and informs the user to call the ResNet Office. Notice is sent to the mobile device user on the academic network that access for that device has been blocked, and will remain blocked for 30 days.

  5. The DMCA agent or designee contacts the identified individual by campus email & phone message to report that Fredonia has received an allegation of copyright infringement in which s/he is implicated. The user is instructed and required to delete all copyrighted materials off of their computers that they do not legally own. If the identified individual cited is certain that s/he is legally using the allegedly infringing material or that the copyright owner has misidentified the material, s/he may file a counter notice.

  6. The user is then given the opportunity to meet w/ the DMCA Agent and the following items are covered:

    1. The abovementioned process is explained in greater detail.

    2. The specific DMCA Notice and policy infraction is explained along with the counter notification/judicial appeal process.

    3. The University’s legal responsibilities are explained.

    4. The University's sanctions are explained and issued (1st Offense = 30 day suspension of residential network access). Sanctions for subsequent offences will be addressed on a case by case basis.

    5. The potential civil liability and criminal fines are discussed in general.

    6. The residential student is given the opportunity to schedule an appointment to have a Senior ResNet Technician assist them with the removal of illegal files and how to disable file sharing. Non-residential students, faculty, and staff may request ITS Service Center assistance with removal of illegal files and disabling file sharing.

    7. The user is given access to copyright infringement resources and access to information covering legal file sharing & downloading alternatives

    8. The user is given the opportunity to ask any questions or voice any concerns.

Alleged Repeat Offenders:

The process for student alleged "repeat offenders", i.e. for students who are the subjects of more than one DMCA notice, is to file charges with the Judicial Office for prosecution as student misconduct. The process for alleged employee repeat offenders is supervisor notification.

How to Report Alleged Copyright Infringement:

Fredonia, a comprehensive institution in the State University of New York system, expects its faculty, staff, students and affiliates to comply with U.S. copyright laws. Fredonia reserves the right to remove or limit access to material posted on University-owned computers if it is alleged that U.S. copyright laws have been violated. If the University determines that U.S. copyright laws have in fact been violated, the infringing material will be permanently removed.

In accordance with the Digital Millennium Copyright Act (DMCA), the State University of New York at Fredonia has designated an agent to receive notifications of claimed copyright infringement. The DMCA requires that all claims of infringement be in writing and include:

  1. A physical or electronic signature of the copyright owner or person designated to act on his/her behalf.

  2. Identification of the allegedly infringed copyrighted work, including:

    1. Identity of the copyright owner, if not the complainant.

    2. Citation of the copyrighted work (author/creator, title/description, copyright date).

    3. Statement of copyright ownership.

    4. Evidence of copyright registration.

  3. Identification of the host Web site and sufficient information to locate it including:

    1. URL (Web address).

    2. Date, time, and time zone the Web site was observed.

    3. Contact information for the complainant or person designated to act on his/her behalf, including address, telephone number, and, if available, e-mail address.

  4. A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or the law.

  5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner.

To report alleged copyright infringements on Fredonia web sites & networks, please contact the Fredonia’s designated DMCA agent:

Name: Ben Hartung

Job Title: Information Security Officer

Location: 230D Thompson Hall, The State University of New York at Fredonia, Fredonia NY, 14063

Phone: (716) 673-4725

E-mail: Ben Hartung Email

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