Digital Millennium Copyright Act (DMCA)
As a community of artists, writers, musicians, filmmakers, and scholars whose careers will be spent creating intellectual property, we encourage our entire community to respect the property of others. Downloading anything onto your machine from untrustworthy P2P (peer-to-peer) sources or websites not only exposes you to viruses, worms, and spyware, but often violates the copyright laws and can lead to suspension of network privileges or to lawsuits from the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), or the Business Software Alliance (BSA). Please remember that theft is a crime and that nothing in cyberspace is truly anonymous.
Copyright protections are created when words are put on paper, transmitted via email, when music is recorded, software is written, or when an image is created. Once done, the work is protected by copyright—no formal copyright registration or seal is required for copyright protection to be in effect. If someone else wants to use the work, they must get permission from its creator.
Copyrighted material includes almost all forms of original expression fixed in tangible medium even if no formal copyright notice is filed or attached. However, you cannot copyright any idea, process, system, method of operation, concept, or 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 work without permission of the copyright owner.
Federal copyright law and college policy prohibit the copying and/or distribution of copyrighted material without the permission of the copyright owner. Copyrighted materials include but are not limited to text, graphics, art, photographs, music, film, and software.
Peer-to-peer (P2P) software such as BitTorrent, which is often used to share music, movies and other media, may lead to violation of copyright laws. Most P2P software automatically shares anything that you download by default—so if you downloaded the latest Hollywood blockbuster to watch it , you would also be helping to distribute an illegal copy to others by sharing the contents of your machine with the world.
If you use any P2P software for legitimate purposes, as a security precaution, you should disable its file sharing component. There is an IU website with details on disabling file-sharing for most P2P software: http://protect.iu.edu
The DMCA can be reviewed at: http://www.copyright.gov/legislation/dmca.pdf
An overview of the act can be found at: http://www.arl.org/pp/ppcopyright/copystatutes/lutzker.shtml
To report alleged copyright infringements on Purchase College computers, please contact the college’s designated DMCA agent:
Director of Campus Technology Services
Purchase College, SUNY
735 Anderson Hill Rd.
Purchase, NY 10577
Tel. (914) 251-6461
Fax (914) 251-6476
Purchase College DMCA Notification Policy and
Procedure for DMCA Infringement Reports - September 2008
Pursuant to the provisions of the Digital Millennium Copyright Act, Purchase College receives DMCA copyright infringement notices alleging that computer(s) registered to Purchase College IP addresses are allegedly illegally infringing on copyrighted materials belonging to others. Infringement of copyright is a violation of federal law, and the violator is subject to both substantial fines and civil damages.
Under the DMCA, as an internet service provider (ISP), the college is obligated to expeditiously remove or disable the allegedly infringing material and notify the subscriber of its actions in what is referred to as “notice and take down procedure.” The Purchase College DMCA Infringement Procedure is as follows:
- The RIAA, MPAA, and various agents report alleged copyright infringements to the college’s named DMCA agent, CTS.
- CTS identifies the computer, the room, and the owner of the computer, and records the DMCA case number, name, and other information in a DMCA incident report ticket.
- CTS places the computer in question into a restricted network.
- The computer owner’s name is forwarded to the vice president for student affairs and to the Office of Community Standards in the form of a DMCA violation letter that includes the specific information contained in the violation notice received by the college.
- The Office of Student Affairs refers the student to the Office of Community Standards for possible disciplinary action.
- The vice president for student affairs or the Office of Community Standards will notify CTS if or when the individual’s computer should be removed from the restricted network, after the Office of Community Standards has completed its process.
The college also recommends that all students take the University of Texas Copyright Crash Course or Copyright Tutorial, or take other appropriate steps to further their understanding of copyright infringement.
Under the DMCA, the college is obligated to inform you of certain requirements of that Act. You have the right under the Act to send a counter notice that you are not in violation or that the violation has ceased. That notice must be in the form required by the Act, and you are advised to seek legal counsel at your expense for appropriate advice on the form of any counter notice. The specific statutory language is as follows:
(17 USC 512(g)(3)):
Contents of Counter-Notification:
To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.
The above is provided for your information only, not as advice, nor is it an attempt at stating the law or your responsibility. You should review the entire Act with your attorney.
You are responsible for any network device registered in your name (like a Wi-Fi hotspot).
You should use encryption on any and all Wi-Fi devices. You are responsible for any and all internet traffic coming in and out of a device registered under your name. If you did not secure your wireless router, anyone in its proximity could have downloaded the file.
If you review the Router Policy, you’ll find the following policy regarding encryption/password protection:
You should use a strong password (e.g., not “password”).
You should not share your Wi-Fi password with anyone for any reason.
College Computer Network Users: If you lose access due to an alleged violation
If you receive an official notice from the college of an alleged copyright violation and have had your network access restricted, please contact the Office of Student Affairs to find out how you can have your network access restored:
Office of the Vice President for Student Affairs
Student Services 316L
735 Anderson Hill Rd.
Purchase, NY 10577-1400
Fax: (914) 251-6034