FAQ

What is DMCA?
DMCA stands for Digital Millennium Copyright Act of 1998. It is a federal law that Congress enacted to protect copyright holders from the unlawful reproduction or distribution of their works. It was enacted to protect copyright holders such as musicians, artists, movie companies etc.. The purpose of DMCA is two-fold: it limits the liability of service providers whose users are infringing upon the copyright of others, and defines the procedures necessary to report such infringement.

Who is the Copyright Owner?
The copyright holder is the person who retains the copyright. They have the right to control how their works are published, distributed, and sold, and the right to be paid for the use of their work. A number of copyright infringement lawsuits and subpoenas have been filed by major companies and their respective industry associations.

Under the Digital Millennium Copyright Act of 1998, Kent State University is required to take steps to promptly remove or disable access to any copyrighted material that is being shared illegally from within its network.

How do I find out who is the copyright holder?
You ask the copyright holder for it! If you know the copyright owner, you may contact them directly. If you are not sure about the ownership of the copyrighted material you can request the information from the Copyright Office.

The United States Copyright Office maintains information on copyright holders. To request information regarding copyright holder, send in a request form along with a small fee, and they send you information regarding the copyright holder. The form is available at their website http://www.copyright.gov/.

Where do DMCA notifications come from?
DMCA violation notifications come from a variety of copyright holders. The most common are the Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA), Entertainment Software Association (ESA), and Business Software Alliance (BSA).

How do you know if you are violating federal copyright law?
You could be violating federal copyright law if:

• You join a file-sharing network, using Peer-to-Peer (P2P) software such as Kazza, Grokster, BearShare, Bit Torrent, Morpheus, LimeWire and AresWarz,etc.. and download unauthorized copies of copyrighted material
• You receive an e-mail attachment with copyrighted material in it. You decide that you want to show it to others and forward it to one or more of your friends.
• You make a copy of a song from a CD that you bought; but then you make the MP3 file(s) available for download by sharing them on a P2P network.
• You burn copies of music you have downloaded onto a CD which you then give to all your friends.
• To gain access to copyrighted material on the computers of other network members, you pay a fee to purchase file-sharing software (P2P) that is not authorized to distribute or make copies of the copyrighted material. You then download copyrighted material, that you do not have the explicit permission of the copyright owner to use.
• You transfer copyrighted material using an instant messaging service.

So KaZaA and BitTorrent or any other P2P's are illegal?
No. The highest court ruling says that just because something has the potential to be used illegally, does not make it illegal.

For example: Take a knife for example, you could use a knife for many illegal activities. Keep in mind that just because a knife can be used for “illegal” things, this does not make the knife illegal! There are many legal activities that use a knife!

There are also many legal ways to use file sharing software.

The illegal behavior when using P2P software is downloading copyrighted music that you do not own and then sharing it with all your friends! So when you download and share copyrighted material, without the express permission from the copyright holders this is where it becomes “copyright infringement”; and this is where the DMCA gets involved.

Be Careful, Be Smart

There are p2p programs such as AresWarez, Kazaa, Grokster, BearShare and many others that will allow you to purchase a version of their software. Do not be fooled into thinking that because you purchased the software that the the copyright material that you access using the program is legal for download. IT is still ILLEGAL to download or share copyrighted material ! ! ! Purchasing filesharing programs does NOT mean that you have the rights to download music, movies,software and/or share the copyrighted material.

Make sure to read carefully read the software agreement on the filesharing program you purchase, to make sure that the program has the right to distribute copyrighted material.

What is the penalty for downloading or sharing from P2P networks if caught doing this and subpoenaed?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. The penalty for movie infringements can be up to $250,000 per movie file. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

If my computer is found to have copyrighted materials, what steps can the copyright holder take against me?
At this time Kent State University falls under “Safe Harbor”, which means that the University does not give up the identity of the student. Kent State protects the student, faculty and staff by complying with the DMCA's request to remove the infringing material, stop access to the infringing material, and educate the violators.

BUT KEEP IN MIND the following...

We can only protect you to an extent, if a subpoena is served on the University then we will be required to give the name of the person that has the infringement notice.

Copyright owners can file civil suits to recover damages and costs. In many cases, statutory damages of up to $30,000, or up to $150,000 for willful infringement, may be awarded even if there is no proof of actual damages. In addition, in certain cases of willful infringement, the government can file criminal charges, which can result in substantial fines and imprisonment.

Use of an academic network does not confer immunity from copyright law, nor can Kent State University protect its students, faculty, or staff from criminal investigations or lawsuits relating to their personal actions.

What are the DMCA Safe Harbor Provisions?
Safe Harbor is located in Section 512 of the Digital Millennium Copyright Act (DMCA), It basically exempts Kent State University from being sued due to claims of copyright infringement resulting from users on the network. Safe harbor provisions were made to shelter Internet Service Providers (ISP's) from the infringing activities of their customers. Currently Kent State qualifies for the safe harbor exemption. This means that the student/employee is the one liable for monetary damages, if they are found to be the infringing individual. Kent State does not at this time give up the name of the individual that is infringing. To maintain Safe Harbor , Kent State notifies the infringing user and stops the infringement. Kent State University is actually trying to protect the students and employees from being sued. IF subpoenaed, Kent State will have to turn over the name of the infringing user at that time.

How do I avoid DMCA violations and risks, and still have my music?
Since files distributed over peer-to-peer networks are primarily copyrighted works, you are taking a risk of receiving a DMCA notification of copyright infringement for downloading material from these networks.

To avoid these risks, there are currently many "authorized" services on the Internet that allow you to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services,you can avoid the risks of infringement liability. This also will help to limit your exposure to other potential risks, such as viruses, unexpected material, or spyware, which are abundant in file-sharing networks.

Are there any legitimate providers of copyrighted material?
There are indeed, Internet-based services that are legitimate providers of copyrighted material.

They have contracted with the copyright holders to allow them to provide the material at a discounted or per piece price. Many of the services are also based on monthly subscriptions. It is the responsibility of the user to identify the legitimacy of a service.

As a good guideline to follow, here are a few legitimate services: iTunes, Rhapsody, MusicMatch, Napster, Ruckus, Cdigix.

Can I get into trouble for sharing files if I don't know my computer is doing it?
Yes . Kent State University does not look for computers sharing files in violation of copyright law. Some organizations such as the RIAA, MPAA , MediaForce, Universal Studios, and others, however, do. If they find that your computer is distributing files to which they (or someone that they represent) owns the copyright then you could get into serious trouble. Currently, the various organizations will request that Kent State University make the illegal file sharing stop. To do this, the Office of Security and Compliance will have Resnet typically disable the machine's network access. Students should be familiar with the issues and penalties for copyright violations.

Kent State University expects students to take reasonable precautions to secure their personal computers, and will be held responsible for misconduct that occurs from others' use or misuse of their systems.

If you receive a copyright violation notice and suspect that your computer has been compromised, please contact the Office of Security and Compliance or ResNet office in Tri-Towers.

Does Kent State University monitor the network for students that are “file-sharing”?
No, Kent State is not a policing organization! The University does not actively monitor computing behavior.

If Kent State University does not monitor the network for file sharing, then how do we get “tagged” with a DMCA notification?
Organizations such as the Recording Industry Association of America (RIAA), the Motion Picture Association of America ( MPAA ), the Business Software Alliance (BSA), Entertainment Software Association ( ESA ), and others monitor file sharing systems on the Internet. When they discover an instance of illegal file sharing that is originating from within Kent State 's network, they will send an official notice to the University. Upon receipt of this notice, the University must take action to stop copyright infringement from occurring on its network.

I pay thousands of dollars every year to attend Kent State University. How can you deny me network access when it is needed for my courses?
Your tuition money is not applied solely for network access. There are public labs which are here for your use, there are instructors salaries, classes, benefits, and yes, network access. Kent State University provides network access to students so that they may pursue their academic endeavors. We do not have any obligation to provide students with network access so that they can violate copyright laws, and provide servers to illegally distribute copyrighted materials. Internet access is provided as a convenience, and to allow research to be done. If you misuse your access privileges by downloading materials illegally and are caught because of it, you will lose the privilege to access the Internet for a period of time, until the copyright infringement notice has been resolved.

What if a friend set up the file sharing and downloaded the files onto my machine without my knowledge?
You are responsible for what your machine is used for. You should always set up accounts for your users, and disallow guests, visitors, or strangers to access your machine without your permission and knowledge. If you have set up accounts on the machine, you are still at least partially responsible for what those users do because it is your machine.

Wait a minute I bought my music from ITUNES, and I own the CD.
Copyright infringement is the sharing of copyrighted files using a peer-to-peer (P2P) software even if you paid for the material!!!

If you do NOT have permission from the specific copyright holder to distribute/give away the file, and you share it with your family/friends or the world...then you are guilty of copyright infringement.

KEEP IN MIND that buying a song, cd or movie, does not give you permission to distribute it amongst your friends!

What is Kent State's Response to Copyright Violations?
Title II of the Digital Millennium Copyright Act (the "DMCA") limits the liability of Internet Service Providers ("ISP") for certain infringements. This means that the DMCA provides limited liability for Kent State University , as it is an ISP for their own communities of students, faculty and staff. In order for us to take advantage of some of the DMCA provisions, we must take steps now and other steps later, to respond to notices we might receive that allege that someone to whom we provide Internet service has infringed the rights of a copyright owner.

Requirements of the DMCA:

• Kent State University receives DMCA notifications about copyright material that is being shared through the University's network. The Copyright Agent is required under the DMCA to respond in a timely matter to any copyright infringement notice received.
• Upon receiving a notification, the Office of Security and Compliance determines the owner of the computer that was using the IP address during the date specified.
• The Office of Security and Compliance then notifies the offender by email, about the infringement.
• The complainant (RIAA, ESA , BSA, MPAA etc..) is then notified of the claimed infringement and the discipline consequences set forth by the University.

The DMCA requires that the University provide information to students, faculty and staff accurately describing and urging compliance with copyright law.

The DMCA also requires that the University has procedures in place that will inform the students, faculty and staff of our policy about repeat infringement.

What does a DMCA notification look like?
DMCA notifications list the offender's IP address, the date the material was found and the name of the file that is being illegally shared. View a sample DMCA Notification.

Unless served with a subpoena as required under the DMCA, the University does not release the names of (or any personal information about) the offender when sending a DMCA notice. The University falls under Safe Harbor , and it is trying to protect the individuals identity from being divulged to the DMCA.

You Receive a DMCA Notice, what do you do?

• One of the first things you should do is read the entire DMCA notification of infringement. You will find this attached at the end of your e-mail from a member of the Kent State Security and Compliance team. Read the notice even if you don't believe your machine is in violation.
• If you are using peer to peer (P2P) sharing software such as KaZaA, AresWarez, BearShare, Morpheus or LimeWare for example, you should IMMEDIATELY disable file sharing or remove the software.
• You are required to search for files listed in the infringement notice and remove those that have been illegally obtained. If you do have the rights to use the files, you most likely do not have the right to share the files with the world and should disable sharing immediately.

Remember: If you didn't pay for it, you shouldn't have it on your computer.

• Notify the Office of Security and Compliance, once your computer has been verified clean. You will need to take a signed form from Resnet , to the Office of Security and Compliance,stating that your computer has been cleaned from all infringing material.

Do Not:

• Ignore the notice. If you do not respond to the Office of Security and Compliance within a few days, your network connection will remain off until the matter is resolved.
• Contact the company directly. They do not need to know who you are and may be confused about whom to contact in the future.

What is the procedure for the Office of Security and Compliance when receiving a DMCA notification?
DMCA Procedure for Resident Students

First offense

• Security office e-mails the student informing him or her of the infringement notice
• RISC Office blocks students Internet access.
• Student will be required to:
• • Remove the offending material from his or her computer and discontinue illegal file sharing activities
  • View on-line educational videos about the DMCA
  • Hand-deliver a signed acknowledgement of the e-mail notice to the Security office, attesting that all of the requirements described above have been met
• Upon receipt of the required materials, the Security office will e-mail the RISC office to restore student's Internet access

Second offense

• Security office e-mails the student informing him or her of the infringement notice
• RISC Office blocks students Internet access.
• Student will be required todo all of the following: (additional requirements highlighted in bold below)
• • Remove the offending material from his or her computer and discontinue illegal file sharing activities
  • Obtain verification from ResNet that above requirements have been met
  • Review the on-line educational video about the DMCA
  • Pass a quiz over the material shown in the video
  • Hand-deliver the completed quiz, and a signed acknowledgement of the notice to the Security office, attesting that all of the requirements above have been met.
• Upon receipt of the required materials, Security office will e-mail the RISC office to restore student's Internet access.

Third (and future) offenses

• Security office e-mails the student informing him or her of the infringement notice
• RISC Office blocks students Internet access.
• Student will be required to do all of the following: (additional requirements highlighted in bold below)
• • Remove the offending material from his or her computer and discontinue illegal file sharing activities
  • Obtain verification from ResNet that above requirements have been met
  • Hand-deliver a signed acknowledgement of the e-mail notice to the Security office, attesting that all of the requirements above have been met
  • Attend a Judicial Affairs hearing to determine further consequences
• Upon receipt of the required materials, Security office will e-mail the RISC office to restore student's Internet access pending the Judicial Affairs hearing

I am a resident student and I want to turn off file-sharing from my machine because I am using a peer-to-peer program, how do I do that?
The University of Chicago has a web page that lists many popular P2P programs and the instructions on how to disable sharing on them. Please do not contact University of Chicago for help. If you are having problems with disabling your filesharing program, then contact Resnet (330)-672-9595 at Kent State University.

Special Notes

Student may file a counter notification in response to any given notice, at which point their network connection will be restored.

ResNet office in Tri-Towers can verify that a student's computer has been cleansed of offending material(s) and that file sharing software is either disabled or removed.

This page is maintained by the Office of Security and Compliance
E-mail: security@kent.edu
Phone: 330-672-5566
Fax: 330-672-9374