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ITS / Policies / Copyright, File Sharing, and DMCA Policy

Copyright, File Sharing, and DMCA Policy

Policy #:	LFC.ITS.12
Date:	11/13/2023
Author:	LFC ITS
Version:	2.1
Status:	Approved

Table of Content:

Overview
Scope
1. Copyright Laws
2. Peer-to-Peer (P2) File Sharing & The DMCA
3. Handling Copyright Violation Complaints
4. Legitimate Sources for Copyrighted Material
5. Alternatives to Copyright
6. Fair Use Doctrine
7. Information for Copyright Owners
Appendix: Additional Resources
Related Policies

OVERVIEW

Members of the 91�� community often have questions about Copyright vs “Fair Use” and the sharing of music, TV shows, or movies in digital formats over the Internet. This policy describes Copyright law, how the College handles alleged copyright violations, peer-to-peer file sharing, and how individuals should understand the risks of certain types of file sharing given the costly potential of legal action taken against them. This policy also identifies legal resources for copyrighted files, alternatives to using copyrighted materials, and covers the concept of Fair Use.

SCOPE

This Policy applies to all members of the 91�� community.

1. COPYRIGHT LAWS

Copyright law is complicated and its interpretation can be controversial. Title 17, United States Code governs the making of reproductions and performance (including transmission over the Internet) of copyrighted material regardless of the format of that material. Under the law, you are responsible for not violating the rights of copyright holders. In most situations, permission needs to be obtained from the original copyright holder such as the publisher, author, or performer before a copy can be legally made. In some situations, portions of works may be used for personal, educational and research use under “fair use” guidelines. (See section 6 for more detail.)
91�� adheres to and promotes observance of U.S. copyright laws. Those laws aim to “promote the Progress of Science and useful arts” (Constitution of the United States, Art. I, Sec. 8) and protect the rights of authors, artists, composers, copyright holders, and those who use material produced by others.
What follows are brief, general principles to help members of the 91�� community follow current U.S. copyright laws. Please be aware that the information on this page is intended to be educational but is not intended to constitute legal advice. For legal advice regarding a specific intended use, you should always contact an attorney.
More information on the U.S. copyright laws discussed in this policy:

of 1976
of 1997
of 1998

2. PEER-TO-PEER (P2P) FILE SHARING & THE DMCA

P2P programs such as BitTorrent, µTorrent, Seedr, eMule, FrostWire, Flud, etc. make it easy to share music, videos, games, and other files without regard to the restrictions placed on that material by the copyright owners. Most commercially produced music, TV shows, movies, games, and software are copyrighted and are not to be freely shared without permission. This is the law. In response, copyright holders, such as the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA), have actively sought to identify people who share copyrighted materials without payment or permission. When they find violations, they act quickly to stop the violation and potentially prosecute the violator.
The Digital Millennium Copyright Act (DMCA) also spells out protection for copyright holders and actions internet service providers (including 91��) must follow if an alleged copyright infringement takes place (see Section 3.) If you distribute copyrighted music and videos you are putting yourself at risk of facing civil and/or criminal actions in federal court if you have not acquired appropriate permissions. The potential consequences of illegally sharing copyrighted material over the Internet are serious and costly.
Finally, the use of P2P applications to share copyrighted materials – and the general practice of obtaining any copyrighted music, motion picture or other work, without the express written permission of the copyright owner – is illegal and a violation of the 91�� Acceptable Use of Electronic Resources Policy, as members of the community must follow College policies for appropriate use of electronic resources under the law. Additionally, users should be aware that file sharing software installed on your computer may make your audio and video files available for uploading over the Internet without your knowledge or permission, which may result in legal action being taken against you. For more information on how to remove a file sharing application, please contact the ITS ServiceDesk at 847.735.5544 or servicedesk@lakeforest.edu.

3. HANDLING COPYRIGHT VIOLATION COMPLAINTS

The Digital Millennium Copyright Act (DMCA) specifies procedures that 91�� must follow when notified that an individual using our network is violating copyright laws. If the copyright holder contacts the College about a violation, if we are able to trace the network address for the alleged time of violation, we notify the user of that network address, and require removal of the offending material from the computer. For repeated notifications, we block network access from the identified network address.
The Recording Industry Association of America (RIAA) is known to send pre-litigation settlement letters to internet service providers (including hundreds of colleges and universities across the U.S.) to forward to students, suggesting payment of hundreds of dollars per song allegedly acquired illegally via the internet, instead of facing a possible lawsuit. If the College receives such letters, ITS will attempt to forward them to the right users. The settlement letters contain an internet address of a computer (such as 87.34.106.29) identified by the RIAA that downloads or uploads copyrighted music files.
If the College receives a notice to subpoena the names of people who are sharing music over the internet, ITS will immediately contact College legal counsel for advice on how to proceed. We may be required to provide the name of the alleged violator who is using our network. These subpoenas can lead to lawsuits, substantial financial penalties and perhaps jail time. Typically, if copyright infringement claims are settled out-of-court, the costs can be several thousand dollars per song, totaling tens of thousands of dollars per lawsuit.
If a copyright holder files suit, the individual has the right to claim that the material is not protected by copyright and then a legal process begins between the individual and the copyright owner. If you receive a pre-litigation settlement letter or a subpoena, immediately contact your own legal counsel.

4. LEGITIMATE SOURCES FOR COPYRIGHTED MATERIAL

Members of the 91�� community are expected to use technology appropriately and ethically and obtain copyrighted material through legitimate means.
Legitimate means to acquire music and video content from services that provide options to either buy individual tracks & videos (e.g., the iTunes Store, Amazon); or offer subscription services (e.g., Spotify, Apple Music, Tidal). Many sites that advertise “free downloads” are in fact sharing content illegally; while a few offer content freely in order to promote new albums, videos, or other artistic creativity.
Sources for legal downloading may be found at and , which specializes in identifying legal streaming sources for TV shows and movies.

5. ALTERNATIVES TO COPYRIGHT

If you want to use digital materials such as text, images, audio, and/or film clips, first look for materials which are available to use without seeking special permission:

Material you create yourself (you hold the copyright!)
Material because the creator has expressly made them public domain, they were created by the federal government, or because they are sufficiently old
Materials that have been made available by the creator under a license that allows the kind of use you want to make (for example, the ). Some universities have made material freely available and specifically allow faculty to copy and use them for non-commercial purposes (for example the ).
You may link to (instead of copying) materials that are publicly available on the web
Consult with a librarian – they may have license agreements for a wide variety of materials, and can often help identify sources of public domain or Creative Common materials.

6. “FAIR USE” DOCTRINE

You may use material under copyright if you determine through informed good faith that your use constitutes “Fair Use.” “Fair Use” guidelines ( ) require you to consider the following four factors:

The purpose and character of the use: best if for non-profit, educational purposes;
The nature of the copyrighted work: best if non-fiction and more like data than creative work;
The amount and substance used relative to the work as a whole: the smaller the amount, the better; and,
The effect on the potential market or value of the copyrighted work: the smaller the effect, the better.

The law provides no clear, quantitative, direct answers about the scope of fair-use and its application in specific situations. Instead, a potential user must consider the four factors in each and every case of potential use and reach responsible conclusions about the lawfulness of the use. Reasonable people will differ widely on the applicability of fair use, but any reliable evaluation depends upon an analysis of these four factors. In making a judgment of fair use, the four factors need not lean in one direction. If most factors lean in favor of a fair use, the activity is allowed; if most lean the opposite direction, the use will not fit the fair-use exception and may require permission from the copyright owner. Educational, non-commercial uses are generally favored over commercial uses of copyrighted works, but copying for educational purposes does not automatically make the use fair. The Copyright Management Center at Indiana University provides a web form for weighing the four factors. For more information, see the .

7. INFORMATION FOR COPYRIGHT OWNERS

91�� complies with the Digital Millennium Copyright Act of 1998 (DMCA). The following policies and procedures have been adopted to ensure that 91�� remains in compliance with the DMCA:

We will promptly investigate any complaints properly made pursuant to the DMCA by copyright owners regarding allegedly infringing activity by any student or employee of 91��.
We will notify the allegedly infringing user of the complaint by forwarding the complaint to the user and discussing the matter in person with the user. We will inform the user that such allegations, if true, constitute a violation of United States copyright laws.
If we believe that the activity violates any applicable law, we will expeditiously take down or block access to any infringing material and/or require the student or employee to:
- permanently delete any infringing material from his or her computer hard drive and any other place in which such infringing material resides, and
- confirm in writing that such deletion has occurred.
We will temporarily block the user's access to the Internet.
Upon the second occurrence by a user of any activity or activities that 91�� believes violates any applicable law, we will permanently block such user's access to the Internet.
In addition, in order for 91�� to remain in compliance with the DMCA, its faculty or adjunct faculty members may not require, recommend, or make available online course materials that infringe on a copyright owner's interest.

If you are a copyright owner and are concerned that material viewed from our IP space may violate your rights under United States copyright law ("91��'s Designated Agent to Receive Notification of Claimed Infringement"), under the DMCA, please contact 91�� through [appropriate address], U.S.A or call 847-735-5544. Please provide the following information:

Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that your claim has been infringed upon;
Description of where the alleged infringing material is located on the site;
your address, telephone number and e-mail address
Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

If an allegedly infringing user wishes to dispute the copyright owner's claim, the user must, within 72 hours, respond to 91�� with a statement containing the following information:

Name, address, and phone number of the allegedly infringing user
Identification of the material in dispute
Statement that the allegedly infringing user has a good faith belief that either:
- the material is not, and never was, in the user's possession or located on any property owned or used by the user, or
- the material was mistakenly identified as infringing on the copyright
A physical or electronic signature of the allegedly infringing user
Upon receiving this statement, we will immediately forward it to the copyright owner who submitted the complaint, and we will consider the matter resolved unless we hear otherwise from the copyright owner. We will attempt to resolve all disputes within 10 days after receiving the complaint.

APPENDIX: ADDITIONAL RESOURCES

The
Donnelley & Lee Library

RELATED POLICIES:

Acceptable Use of E-Resources Policy
Network Policy
Privacy Policy
Student, Faculty, and Staff Handbooks

Entry#:	Date	Version	Notes
1	2014	1.0	Original policy, approved by LITS
2	10/24/2023	2.0	Revised, submitted for review
3	11/13/2023	2.1	Revised policy, reviewed and approved by LITS Advisory Committee
4	01/18/2024	2.1	Reviewed and approved by the Senior Leadership Team

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