FAQ
about Copyright & Haverford for Students
Quick links –
Where is the college's copyright policy
for students?
http://www.haverford.edu/acc/docs/policies/copyright/index.htm
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How does Haverford’s Acceptable Use Policy address copyright?
In accordance with U.S. copyright law, Haverford’s Acceptable Use Policy
forbids the receipt, possession, or distribution of copyrighted material
without the permission of the copyright holder. For the full Acceptable
Use Policy, see:
http://www.haverford.edu/acc/docs/policies/acceptable_use.html
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What if I want to use copyrighted material
for instructional purposes in a specific course?
Copyrighted material used for academic purposes, called fair use, is
covered by copyright law and campus policy. The library is in the process of drafting copyright guidelines for the Haverford community. For more information on the library and copyright, see
http://www.haverford.edu/acc/docs/policies/copyright/library.htm
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What if I want to use copyrighted material
for personal use?
If you are not using it for instructional purposes in a specific course,
you must typically purchase the material or obtain permission for use
from the copyright holder.
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What is U.S. copyright law?
Copyright law is complex and best explained at http://www.copyright.gov.
In general, receipt, possession, and distribution of copyrighted material
without permission of the copyright holder are a violation of the copyright
laws of the United States (title 17, U.S. Code). Violators of copyright
law could be subject to felony charges in state or federal court, and
may also be sued by the copyright holder in civil court. The Digital Millennium
Copyright Act permits the copyright holder to seek damages up to $150,000
per work (per MP3, per DIVX etc) in civil cases.
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What is the Digital Millennium Copyright Act?
The Digital Millennium Copyright Act, or D.M.C.A., is another facet of
U.S. copyright law. The D.M.C.A. was enacted to broaden instructional
use of copyrighted material and to protect On-line Service Providers from
copyright infringement performed by users. As per the D.M.C.A., the college
is protected from prosecution if it quickly resolves complaints made by
copyright holders and has an established procedure in place to address
repeat offenders. By adhering to the D.M.C.A., Haverford limits its liability
as an institution and thereby assures that the misdeeds of an individual
do not affect the community as a whole.
For more on the Digital Millennium Copyright Act, see:
http://www.arl.org/info/frn/copy/osp.html
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How does current technology impact Haverford
students?
Current technology makes it is easy for you to violate college policy,
U.S. copyright law, and the D.M.C.A. File sharing software allows your
personal computer to duplicate and distribute copyrighted video images,
audio recordings, and other digital materials. Popular and freely distributed
file sharing programs, such as KaZaA, Gnutella (Morpheus, LimeWire, Gnucleus,
Bearshare), Aimster, iMesh, and many other programs used to download copyrighted
music and video material, place you in violation of college policy and
U.S. copyright law in almost every case.
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How did I unknowingly distribute copyrighted
material?
Most file sharing programs install hidden components that allow file
sharing to run in the background on your computer. These programs do not
alert you in advance or even ask your permission before turning your computer
into an Internet file server. As a result, the file sharing application
is enabled whenever your computer is turned on -- even if you do not open
the application or rarely use the program. This places you at great risk
of violating college policy and copyright law by becoming an unlawful
distributor of copyrighted material.
For example, you download a single song thinking that it is a one-time
policy violation. The file-sharing program that you used to download one
song, in turn, serves that track off of your computer in the background
whenever your computer is on. The file sharing program turns your one-time
transgression into a round-the-clock violation of college policy and U.S.
copyright law.
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Which file sharing programs could put me
at risk?
Though not an exhaustive list, the college has a page that describes
which names common
file sharing programs that could put you at risk of violating college
policy and U.S. copyright law.
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Am I being monitored by the computing
center?
The computing center staff does not monitor the college network for copyright
infringements. They may, however, become aware of policy violations in
the process of investigating network congestion or troubleshooting technical
problems. computing center staff will report these violations to the appropriate
campus authorities in such cases.
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How easily might I get caught?
Copyright infringers are easily caught. Be aware that the Recording Industry
Association of America (RIAA), the Motion Picture Association of America
(MPAA), and other copyright holders are actively monitoring the Internet
for copyright violations. They spend a great deal of money hiring hi-tech
firms to develop software that is able to search the Internet and identify
unauthorized distribution of their protected titles. This monitoring is
specifically designed to search for copyrighted material shared through
KaZaA, Gnutella (Morpheus, LimeWire, Gnucleus, Bearshare), Aimster, iMesh,
as well as many others.
Haverford students are particularly vulnerable because the college has
a dependable, large-capacity Internet connection. File sharing programs
favor computers connected to high-speed networks, causing thousands of
other Internet users to flock to your computer to download your file --
including firms acting on behalf of copyright holders.
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Can I get caught inside the Haverbubble?
During the course of a year, copyright holders have made complaints against
as many as 50 campus users in violation of title 17 of U.S. copyright
law – that is a large figure for a campus this size. The computing
center was able to easily trace reports back to a student computer running
one of the common file sharing programs on the campus network. Many of
these cases involved unsophisticated and first time use of these programs
by first year students. It is not safe to assume that even the most casual
copyright policy violation will go undetected.
Once detected, copyright holders are aggressive in their pursuit of
copyright violators. Recent suits filed by copyright holders sought damages
as well as legal costs. At a cost of $150,000 per instance of copyrighted
material (per audio file, video file, etc.), individual users were sued
for millions to billions of dollars in damages.
Keep yourself safe -- do not share, accept, or keep illegally acquired
copyrighted material.
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How do copyright holders identify me
when I download material?
When you download material using peer-to-peer software, your computer
sends traffic that does not individually identify you but rather identifies
you as a unique member of the Haverford community. Since the community
is identified first, copyright holders file their complaint with Haverford
College. The college is then responsible for addressing the complaint
in accordance with the Digital Millennium Copyright Act. Network &
Systems will then determine the source of the complaint based upon information
provided. Once identified, the individual will be confronted regarding
the complaint.
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Will the college turn over my personal
information to copyright holders?
The college respects the privacy of its individual students and follows
all laws regarding privacy. However, there are extreme circumstances in
which the college would be compelled by law to release your information.
In this serious case, the senior administration would determine the appropriate
course of action.
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What happens when a complaint is made
against me?
When a copyright holder or their agent contacts Haverford about an occurrence
of copyright violation, the school is required to take action. If you
are suspected of infringement, a representative of College Information Resources will
confront you about the matter. As per the D.M.C.A., the college has outlined
the consequences
of copyright violation if you're found in violation of U.S. law and
college policy.
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What if I fail to respond to an inquiry?
The college requires a prompt response in accordance
with the D.M.C.A's requirement for a quick resolution. If you fail to
promptly respond to the complaint, your case will be escalated within the
dean’s office and your network service will be suspended until the
issue is addressed. You may also be subject to further disciplinary procedures
and may loose all computing privileges pending resolution.
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What if I don’t understand
why a complaint was made against me?
If you do not understand why you have been notified of a violation or
if you require assistance, please make an appointment to speak with a
computing center director.
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Can you give me examples of places to
legally download music?
Though not an exhaustive list, you can look at our page of popular
resources for legal music and movies.
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How do I disable file sharing on my peer-to-peer
file sharing program?
Even with file sharing disabled, illegally downloading copyrighted material
puts you in violation of U.S. copyright law and college policy. Though
not an exhaustive list, Haverford maintains a list of some examples of
peer-to-peer file sharing software that can potentially put you in violation
of college policy and U.S. copyright law: http://www.haverford.edu/acc/docs/policies/copyright/filesharingsoftware.html
The University of Chicago maintains a list some of the most common peer-to-peer
programs and link to instructions on how to disable file sharing on each
one at http://security.uchicago.edu/guidelines/peer-to-peer/
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Are there things I can do to reduce my risk
of being sued if I use peer-to-peer filesharing for legitimate purposes?
If you use peer-to-peer filesharing applications for legitimate purposes,
you might want to read about how to protect yourself from being mistakenly
sued: http://www.eff.org/IP/P2P/howto-notgetsued.php
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