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Union Graduate College Internet Peer-to-Peer File Sharing Policy
In recent years, Internet peer-to-peer file sharing programs have made it easy to download and share music, movie and software files. This has become problematic for Union Graduate College for two reasons. It encourages behavior that violates copyright law, and it causes Internet traffic congestion.
In dealing with these issues, Union Graduate College will by policy and procedure:
- Ensure for all users adequate and equitable access to the Internet for academic purposes and personal communications.
- Respect our community’s rights to privacy and confidentiality, freedom of speech, and academic freedom while using the network.
- Educate the network user community on the technical, legal, and ethical aspects of copyright and intellectual property.
- Uphold copyright law as spelled out in the 1998 Digital Millennial Copyright Act (DMCA) and elsewhere. The DMCA defines copyright and fair use exceptions in the digital age.
Union Graduate College’s Computer Ethics Policy prohibits the “use of Union Graduate College’s systems or networks to copy, store, display, prepare derivative works of, or distribute copyrighted material in any medium without the express permission of the copyright owner, except as otherwise allowed under copyright law”.
In addition to sanctions by the College, copyright violators could be subject to felony charges under state and federal law, and may be sued by the copyright holder.
Under copyright law, unless you have express permission from the copyright holder to engage in the copying, downloading and sharing of files, you are in violation of the law. Peer-to-peer programs have no provision for you to acquire the required express permission. Therefore in practice, their use for downloading music and movies may put you in violation of Union Graduate College policy and the law.
Peer-to-peer file-sharing programs certainly have legitimate uses for sharing information over the Internet. In addition, the Internet has allowed the democratization of the music industry, allowing musicians to distribute their works and gain audiences never possible before the Internet. These arguments are compelling, but in no way absolve file-sharing users from the need to follow copyright law and respect intellectual property ownership.
The Information Technology (IT) department does not intend to block peer-to-peer file sharing programs. Nor does IT monitor the content of network traffic. IT does monitor traffic patterns in order to guarantee acceptable network performance for all users. If IT becomes aware of policy violations or illegal activities in the course of investigating network congestion or problem determination, IT will further investigate by inspecting content stored or shared on its network.
Union Graduate College’s Computer Ethics Policy also prohibits “Activities that interfere with the ability of others to use Union Graduate College’s computing resources or other network connected services effectively”. Whether or not copyright violations are involved, this includes peer-to-peer file sharing programs, which often consume huge amounts of network resources.
Violators of copyright law as well as those impeding network access by others will first be warned to cease and desist. Repeat offenders will have their access to the Internet blocked, and if necessary, be turned over to the College judicial process.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.
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© 2011 Union Graduate College,
Full, part time and accelerated Graduate Masters Degree Study Programs.
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Union Graduate College
80 Nott Terrace, Schenectady, NY 12308 US
Phone: (518) 631-9900 Fax: (518) 631-9901
