Electronic File Sharing Policy

A purpose of copyright law is to encourage creative work, by giving creators exclusive rights to distribute their own work. The College expects all network users to comply with copyright law and the Digital Millennium Copyright Act (DMCA).

At an institution devoted to the creation of art, we should be especially mindful of copyright issues. Artists' livelihoods are dependent in large part on the creation of copyrights, and the respect for the copyrights of other artists. You would wish to protect the value of your own copyrights and the income associated with the distribution of your work, and so do the musicians, filmmakers, and other fellow artists whose work is being traded over the Internet without compensation. Most audio, visual and textual work available on the Internet has copyright protection.

The College wants you to be aware that sharing music, videos, software and other copyrighted materials using Peer-to-Peer (P2P) applications over the network exposes you and those with whom you share files to legal action, as well as sanctions under MassArt's policy.

Please do not put yourself, your friends, and MassArt in the awkward position of having to confront such issues. We trust that you will take the matter seriously and conduct yourself responsibly.

Peer-to-Peer (P2P) Software – what is it?

File-sharing software allows you to search the Internet for music files (MP3) and download them to your computer. Music file-sharing applications such as KaZaA, Grokster, Morpheus, Gnutella, etc., are network-based programs that allow users to download and distribute music files from computer to computer across networks using P2P protocols.

Peer-to-Peer Software – Potential Problems

• The majority of the files downloaded using these file-sharing applications, usually music and video files, are copyrighted. By downloading them (usually without paying) you are breaking Federal and International copyright laws and violating MassArt's acceptable use policy. Driven by the music and entertaining industry leaders, prosecutors are currently targeting individuals who have in their possession a sizeable number of these copyrighted materials and/or offering (otherwise known as “serving”) them to others. Out of court settlements have ranged from $2000 to over $100,000 per case.

• Furthermore, music file-sharing services are causing a significant reduction in MassArt's network performance, to the extent that they are disrupting the educational use for which the network is intended. These programs utilize an excessive amount of bandwidth to connect to the Internet, leaving no capacity for those who are using it for legitimate purposes. Given that we all share the Internet connection, this adversely impacts the ability of all students, faculty and administration conducting College business.

  It is an appropriate use of peer-to-peer resources to share your own personal work with others, however, you should be mindful that such sharing (if you become really popular!) could result in using more than your share of network bandwidth, which may result in restrictions.

• Finally, the use of file-sharing software allows millions of Internet users access to your computer for sharing music and video files. This exposes your computer to significant security risks from viruses, worms and hackers that could lead to possible loss of data, identity theft and other potential liabilities.
  
  - Hackers could access and use your computer to distribute pornography or attack other computers or networks. File sharing sites often covertly package ‘Spyware’ programs that gather personal information from your files without permission. They use this information to gain access to your hard drive and personal documents, potentially leading to identity theft.
  
  - Your computer will be vulnerable to worms and viruses that can infect the campus network and disable educational and administrative networks. This causes major disruptions and could also lead to possible loss of data. The costs associated with these events are also very high.

What is Illegal?

The use of file-sharing (peer-to-peer or P2P) programs to trade music and movies over the Internet is illegal and violates copyright laws. Recreational downloading of copyrighted materials is a violation of both federal law and College policy. The law is enforced by federal investigators, by the owners of copyrighted materials, and organizations acting on their behalf.

Copyright infringement occurs whenever you make or distribute songs, videos, software, cartoons, photographs, stories, and novels - without authorization from the copyright owner. Infringement can also occur when one person purchases an authorized copy, but allows others to reproduce additional "pirated" copies. When using a computer network to share copyrighted materials with others, both the people making copies (downloading) and those offering such materials to others (serving) via a P2P network, are infringing upon copyright owners' rights and violating federal and international copyright law.

MassArt prohibits any infringement of intellectual property rights by any member of the College community. As an academic institution, MassArt's purpose is to promote and foster the creation of intellectual property. It is antithetical to this purpose for MassArt to play any part, even inadvertently, in the violation of the intellectual property rights of others. MassArt's policy regarding student use of computer resources clearly states that a student who reproduces or distributes copyrighted materials in electronic form without permission from the material's owner may be removed from the MassArt computer network, and may face further disciplinary action or even legal action.

The distribution of copyrighted material from your computer, including music, games, and videos, for which you do not have the owner's permission is a violation of federal law, the Digital Millennium Copyright Act (DMCA).

Copyright Owner Actions

Under the Copyright Act, electronic works like music and videos are "works of authorship" just like books or art. The creators of electronic works have the exclusive right to reproduce and distribute their creations. Copying and sharing MP3 music files through file-sharing software or reproducing a purchased CD or DVD violates the exclusive rights of the creator.

Copyright owners have stated they are targeting university and college networks since this is where the highest amount of P2P file sharing is occurring. Students who engage in this type of activity are at the greatest risk of being identified by both federal investigators and copyright owners.

Penalties

The liability of students who engage in unlawful file sharing of copyrighted works (including recordings, musical works, movies, television programs, software, video games, and photographs) on university networks is substantial. Copyright law provides for damages ranging from a minimum of $750 to a maximum of $30,000 per work, with an increase to $150,000 for willful copyright infringement.

Neither the fact that the technology makes it easy to do, nor the fact that you do it for free, nor the fact that you are "publicizing" the artist is a viable defense to a copyright infringement suit. Ignorance of the law or the manner in which your computer is configured will not be a defense if you are caught by the authorities. You could go to jail for copying files even if you are ignorant of the law.

College Liability

Colleges and universities generally do not have a legal duty to control students' private conduct. The Digital Millennium Copyright Act defines the procedures MassArt, as a service provider, must use to deal with illegal copyright violations. MassArt could face claims of contributory or vicarious liability if students are using and distributing copyrighted creative works illegally, and the College did not cooperate with authorities on removing the offending files and controlling infringement.

College Actions

If MassArt is notified of a violation, the College is legally required to address it. First, we will disconnect the computer from the network and notify the individual that they must remove the programs and files that are in violation of the copyright from their computer. We then have the offender sign a form stating that the offending files have been removed, and that there will be no further illegal copyright violations. MassArt takes these actions because we are required to do so by law, and because the student could also be subjected to civil liability and criminal prosecution. The law requires service providers to deny network access to "repeat infringers."

Furthermore, if MassArt incurs any expenses because a student’s actions are in violation of the law and school policies, the College will seek compensation from the student.

MassArt's network staff is responsible for ensuring that the network is available for educational and administrative use. To carry out this responsibility, they not only cooperate with the authorities when there is illegal activity, but also make use of other devices such as "packet shapers,” which prioritize Internet activity giving the lowest priority to peer-to-peer file sharing. In addition, the staff monitors the bandwidth and in the event of student abuse (such as excessive traffic or connecting problematic devices), the student will be disconnected from the network until the situation is resolved.

Failure to comply with MassArt policies (Electronic File-Sharing Policy, Student Code of Conduct; Electronic Mail, Internet and Telecommunication/Voice Mail Policy, etc.) may result in disciplinary actions.