POLICY 4.12.9 - Copyright Compliance And Peer-To-Peer File Sharing
It is the intent of Shenandoah University that all members of the university community adhere to the provisions of U.S. copyright law (Title 17, US Code), as well as requirements from the US Department of Education (74 FR 55902) related to peer-to-peer file sharing and illegal downloading. Copyright is a legal protection for the creators of original works that include literary, dramatic, musical, artistic, filmed and other intellectual property. Copyright owners have a number of rights under federal law that includes the right to control the reproduction, distribution and adaptation of the work, as well as the public performance of the work. Copyright holders include the artists who create the work as well as the companies that record and distribute the materials. Shenandoah University takes seriously our institutional commitment to the enforcement of copyright.
Motion pictures, television shows and music obtained over the Internet is still protected by copyright law. Peer-to-peer software such as BitTorrent, Kazaa, Shareaza, Morpheus, Audiogalaxy and similar programs enables a user to search the Internet for recorded music or video. Downloaded audio and video files may be covered by copyright, in which case the copies may be illegal. Moreover, some peer-to-peer software, such as BitTorrent, can be used to distribute large video files illegally.
If you do not hold the copyright to an audio or video recording you cannot reproduce the work or distribute it. The illegal uploading, downloading, copying and/or distribution of copyrighted works are serious offenses. Using a university computer to download illegal files is a violation of university policy. A student who is found responsible for misusing a Shenandoah owned computer or the Shenandoah owned computer network shall be subject to the maximum sanction of dismissal, or any lesser sanction deemed appropriate. This includes students using privately owned computers or equipment that accesses the university-owned network either on or off campus.
In addition to institutional sanctions, illegal downloading carries the risk of criminal prosecution and the likelihood of substantial monetary damages. If found guilty of copyright infringement, you can be compelled to stop what you are doing (cease and desist), forced to pay damages and to pay legal fees associated with the cost of suing you.
Technology-assisted deterrents
The university uses a network device (Allot NetEnforcer) to monitor and control bandwidth on the Shenandoah network, and this device is configured to interrupt and drop all peer-to-peer connections on campus. Network logs show specific IP addresses and IP ports assigned to computers in use by students, staff and faculty.
Alternatives to illegal downloads
An MPAA website, http://www.respectcopyrights.org, offers legal alternatives for viewing movies and TV shows. Some of these sites include Hulu, ABC, NBC, iTunes and Netflix. Music can be streamed or purchased from Pandora, purchased from the iTunes store and Lala, or free from sites such as EZ-Tracks. Naxos Music Library, licensed by the university, enables streaming of classical music and jazz. Library and Media Center staff can provide guidance on locating legal downloads.
Institutional Response to Claims of Copyright Infringement
Under the requirements of the Digital Millennium Copyright Act (DCMA), the university has designated a copyright compliance officer to monitor and respond to complaints regarding the infringement of copyright. Complaints about the content on the university website or claimed copyright infringements on the university network are directed to this individual, who investigates the allegation and recommends appropriate action to ensure copyright compliance.
Campus-wide Education Regarding Copyright Compliance
The designated copyright compliance officer will work with campus units to educate students, faculty and staff regarding copyright compliance, digital rights and the illegal use of peer-to-peer software, to prevent future occurrences of infringement. Institutional Computing will discuss copyright compliance and illegal downloading issues during student orientation; Student Affairs will actively disclose information to students living in residence halls. Similarly, the University Library and Academic Affairs will work with faculty to ensure a broad understanding of digital rights and the enforcement of copyright. This policy will be published in Faculty, Staff and Student handbooks.
This policy and procedure will be reviewed and revised annually.
Revision Dates: (February 11, 2010)
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