Copyright Law and Peer-to-Peer File
Sharing
What is the Digital Millennium
Copyright Act?
The Digital Millennium Copyright Act (DMCA)
of 1998 made it illegal to republish
copyrighted information by downloading,
uploading or file-sharing media such as
music, movies, or software. Digitally
sharing copyrighted materials is illegal
and also violates University policy
http://www.uwsp.edu/it/policies/netpolicies.htm
regarding use of the campus network.
The University does not monitor
individual network activity. However,
UWSP is obligated by law to respond to
valid complaints from copyright holders
and their agents. DMCA complaints are
taken seriously and may result in loss
of access to the UWSP network, academic
discipline under University policy, or
fines or legal action by the copyright
holders and/or their agents.
What’s the risk?
Groups like the Recording Industry
Association of America (RIAA) pay
organizations to gather information from
the internet to identify where files are
being shared illegally. Individual
lawsuits are being settled out of court
for $4,000-$5,000. Lawsuits that are not
settled out of court can result in
higher monetary damages.
How does this happen?
Groups such as the RIAA send an official
complaint to the Internet Service
Provider (UWSP when you are using the
UWSP network). UWSP notifies the campus
network administrator responsible for
the area in which the infringement
occurred. The individual is then
notified about the complaint so they can
stop the illegal use of copyrighted
material. Wherever possible, network
access for the device or individual in
question is removed until it can be
verified that the infringing activity
has stopped or until a counterclaim is
filed.
How could I get sued?
The copyright holders’ lawyers can file
a federal lawsuit and then subpoena the
University for the information to
identify the individual. With your name
and user account information, the
attorneys can pursue monetary damages
against you in court. This is the risk
you assume when you engage in illegal
file sharing.
What are some common “P2P”
(peer-to peer) programs used for this?
Use of programs such as Limewire,
Bittorrent and Bearshare may result in
illegal P2P sharing of digital
materials.
How can I avoid violating
copyright law and subsequent legal
action?
While some files may be legally shared
via common P2P programs, most true
freeware programs or public domain music
are available elsewhere on the Internet.
If you use P2P file sharing software, it
is your responsibility to ensure you are
not downloading or sharing copyrighted
music, movies or software.
What are some legal options
for downloading music and movies?
For more information about legal online
music sources, visit the Music United
Web site list.
http://www.musicunited.org/6_legalsites.html
Where can I find more
information about P2P sharing and
copyright infringement?
For more information please visit the
following Web sites:
Recording Industry of America
http://www.riaa.com
Music United
http://www.musicunited.org/
EDUCAUSE
http://www.educause.edu/Browse/645?PARENT_ID=608
Campus downloading
(informational video)
You must have a current version of the Flash
Player
Copyright