Copyright Infringement

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This was designed as a very brief overview for students in violation of Copyright Infringement to review before taking their online exam in order to have their internet reinstated on campus.

This was designed as a very brief overview for students in violation of Copyright Infringement to review before taking their online exam in order to have their internet reinstated on campus.

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  • 1. ©
    What you need to know about illegal file-sharing
    and why you need to know it.
    Copyright infringement
  • 2. History of Copyright
    The Statute of Anne
    The first modern copyright law
    Enacted in 1710 by English Parliament
    http://www.law.berkeley.edu/7729.htm
    http://avalon.law.yale.edu/18th_century/anne_1710.asp
    The Copyright Bill
    1st federal copyright law
    Approved May 13, 1790 by President George Washington
    There have been many amendments and acts related to Copyright, but the more modern Copyright legislations are used by courts today.
  • 3. Modern Copyright Legislation
    Copyright Act of 1976
    Was a general revision of the previous Copyright laws.
    Digital Millennium Copyright Act (DMCA)
    Enacted October 28,1998
    Addressed issues directly related towards digital copyright and digital content
  • 4. What is Copyright
    Copyright is a form of protection for an author’s original piece of work. (a.k.a – Intellectual Property Rights)
    This protection gives the owner of the copyright the “exclusive right” to decide who can sell or reproduce their work, and much more. (Copyright Basics Circular 1).
    Intellectual property, according to the World Intellectual Property Organization, is creations from the mind. Thus a work can be copyrighted in published or unpublished form.
  • 5. Copyright cont.
    Any form of intellectual property can have a copyright.
    SOME commonly copyrighted material:
    Music
    Art
    Literary Works (i.e. – books)
    Photographs/Images
    Printed Music
    Can you use copyrighted material at all?
    YES, to an extent. It’s called “Fair Use”
  • 6. Copyright Law & the doctrine of Fair Use
    “It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of the copyright.” (Copyright Basics Circular 1)
    The 1976 Copyright Act does give some limitations that are specific exemptions from any liability to copyright.
    Most common: Doctrine of “Fair Use”
    Allows a copyrighted work to be used for purposes such as teaching, news reporting, research, etc.
  • 7. Myths
    There are many myths about copyright, copyright law, and even University Policies.
    This next section will cover some of the most common myths where Copyright is concerned.
  • 8. Myth #1
    Myth
    “Western has people that just sit around and watch what people do on the Internet.”
    Fact
    Western does not actively watch what students, faculty, or staff do on the Internet. The cost and staffing to do so is outrageous. A person’s internet is only disconnected when an official notice from the RIAA, MPAA, or another company is received.
  • 9. Myth #2
    Myth
    “Western can’t prove that I committed copyright infringement.”
    Fact
    With the information provided by the company that sends the notice, we can track the offense down to the computer that was used to commit the act, the port that it occurred on, etc.
  • 10. Myth #3
    Myth
    Western cannot locate infringements over the wireless network.
    Fact
    Due to current changes on the campus network, we are able to locate exactly who the infringement belongs to as well as the infringing machine. Each student’s credentials used for wireless connectivity are unique.
  • 11. Myth #4
    Myth
    “I own the material so it is okay.”
    Fact
    If you own the material (movie, music, game, book, etc) you can make a backup for YOUR use, but the act of sharing is against the law!
  • 12. Myth #5
    Myth
    “I pay for this service (LimeWire Pro) so it’s OK.”
    Fact
    There are many services out there that you can pay for, but you are paying for the application and the service itself, but that does NOT mean that you bought the right to share the works that you are downloading or uploading (sharing)! The act of sharing this material is still illegal!
    Visit http://www.cdt.org/copyright/warninglist for a list of these sites. (Just because an application you pay for isn’t on this list, does NOT mean that you’re legally sharing…research it!)
  • 13. Myth #6
    Myth
    “Everyone is doing it, so it’s OK.”
    Fact
    Even mom didn’t accept this accuse!! Remember her response when you tried that on her? “Would you jump off a bridge if they did it?”
    Many people speed, but those that get caught, will still get a speeding ticket! If the University is notified that someone is sharing copyrighted material and it is traced back to you, your Internet will be deactivated until the case is settled.
  • 14. Myth #7
    Myth
    “I pay for the Internet in my room so they can’t turn it off.”
    Fact
    There is no line item that states a specific cost for Internet access in your room. Same for Wireless access. In room Internet access is a privilege for our students. There are labs located in various locations on campus, should you lose the privilege and need access.
  • 15. Myth #8
    Myth
    “Western can’t stop me from doing it, it’s MY computer.”
    Fact
    That is correct, it is YOUR computer, but when you plug into the network, or connect to the Wireless, you are on OUR network. Western cannot tell you what apps you can and can’t have on YOUR computer, but we can control how OUR network is used.
  • 16. Myth #9
    Myth
    “I’ll just use the other port in the room.”
    Fact
    When your Internet has been disconnected, it is the computer that has been disabled on the campus network. Plugging into another port on campus will have the same result, NO INTERNET!!
  • 17. Myth #10
    Myth
    “It’s not a big deal, no one will really do anything about it.”
    Fact
    Infringement of copyrighted material can be punishable of up to 5 years in prison and up to $250,000 in fine. Any subsequent offenses can lead up to 10 years in prison and up to $1,000,000 in fines.
    Civil liability, regardless if the infringement was for profit, can be upwards of $150,000 and as little as $750 per infringed work for statutory damages by the copyright holder. (http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law)
  • 18. Myth #11
    Myth
    “Western can’t do anything about it.”
    Fact
    Copyright infringement is punishable by an Educational Outreach Assessment of $50/song and $100/everything else.
    First offense: monetary assessment and loss of Internet until the Responsible Computing Course is passed and any other sanctions by the Department of Student Community Ethics (DSCE).
    Second offense: monetary assessment and loss of Internet for 3 months from the time the case is settled with the DSCE and any other sanctions by the DSCE.
    Third offense: monetary assessment and loss of Internet for an entire semester from the time the case is settled with the DSCE and any other sanctions from the DSCE.
    Fourth offense: monetary assessment and loss of Internet for an entire year from the time the case is settled with the DSCE and any other sanctions from the DSCE.
  • 19. Myth #12
    Myth
    “I have anti-virus on my machine, so therefore I can’t get a virus or spyware from file-sharing.”
    Fact
    Just because you have an anti-virus app on your machine does not mean that the file you are downloading or attempting to acquire is virus or spy-ware free.
    By connecting to the Internet via a Peer-to-Peer (P2P) application, you have opened yourself to a world of risks. By sharing your files, you may have unknowingly just allowed hundreds or thousands of people to access your files on your computer.
    “You may download a virus or facilitate a security breach. Or you may unwittingly download pornography labeled as something else.” (FTC Consumer Alert 128) (i.e. - You leave yourself open to identity theft, viruses, spyware and other malware, etc.)
  • 20. What can I legally DO?
    There are many sites and applications available to legally obtain music.
    iTunes (you can listen to a clip of a song before you purchase).
    Pandora (you can listen to a wide range of music and if you wish to purchase a song you like, it will take to you a legal option to obtain that LEGALLY).
    radio.com (you can listen to some of your favorite and well known radio stations across the nation and if you want to purchase a song, you will be directed to a legal option).
    Check the RIAA’s website for a list of legal options.
  • 21. Where can I get Movies or TV Shows Legally?
    Just like music, there are many legal ways to obtain movies and TV Shows.
    Hulu
    iTunes (watch it from your iPhone, iPod, or laptop)
    Netflix (makes watching movies just about anywhere easy)
    Crackle (even has a nifty mobile app to access it from your phone)
    For a list of available LEGAL options to obtain movies or TV shows, visit MPAA.org
    (http://www.mpaa.org/contentprotection/get-movies-tv-shows.)
  • 22. Good Luck!!!
    There are many options out there to keep your machine safe and keep you legal. It is up to you to decide which way you want to obtain your entertainment.
    Over 100 students a year think that they can keep downloading/sharing and they won’t get caught.
    What chance are you willing to take?