The Digital Millennium Copyright Act (DMCA) and Peer-to-Peer File Sharing Policies at UB

Copying, distributing, and downloading copyrighted materials, including music, videos, and games, for which you do not have the owner's (copyright holder's) permission is a violation of federal law. Compliance with federal copyright law is expected of all students, faculty, and staff at University at Buffalo. If you download and/or distribute unauthorized copies of copyrighted music recordings and movies, you are breaking the law and may be held legally liable for thousands of dollars in damages. Federal law provides severe penalties for the unauthorized reproduction, distribution, or digital transmission of copyrighted materials. The FBI investigates allegations of criminal copyright infringement and violators are prosecuted.

In February 2010 a federal appeals court ordered a university student to pay the Recording Industry Association of America $27,750 for file sharing 37 songs when she was in high school.

Watch this video on downloading music legally, produced by the RIAA, to learn how to protect yourself legally.

Most P2P software turns file sharing on by default as soon as the software is installed. This means that others may access materials on your computer without your knowledge, whether you have given permission or not. Downloading copyrighted music or movie files without permission is illegal. It is also illegal to share purchased music or movie files with others, again, whether you are aware that you have done it or not.

If you install P2P software, turn the file sharing options off. And, remember, if you are sharing materials inavertently, you are still liable for violating copyright law.

The University of Chicago maintains an article on Disabling P2P File Sharing at http://security.uchicago.edu/guidelines/peer-to-peer/.

The University at Buffalo employs bandwidth shaping to manage network traffic. This impacts the file sharing of copyrighted material on UB's network by limiting outgoing traffic. UB uses hardware and rules to limit various Peer-to-Peer protocols on our Internet link.

Compliance with Legal Requirements: DMCA and Peer-to-Peer File Sharing Policies

• Reporting Alleged Copyright Infringement (to UB's DMCA Agent)

• How UB Responds to Allegations of Online Copyright Infringement (DMCA Notices)

• Procedures for DMCA Pre-Subpoena Letters

• FAQ: Use of the UB Network for File Sharing and Downloading Copyrighted Material (Music, Games, and Videos)

• UB distributes information on copyright law and campus policies related to violating copyright law to the campus community as required by HEOA 4137.

Spyware: Wondering if your favorite P2P file sharing program has spyware bundled into it?

• Q and A on the Topic of File Sharing with Dean Hendrix, Health Sciences Library

Legal Music and Movies Online

The following site provide information on legal sources for online music, videos:

• http://www.educause.edu/Resources/Browse/LegalDownloading/33381
• http://www.cit.cornell.edu/policies/copyright/music.cfm

Related Links

»	Copyright and Fair Use (UB Libraries)
»	Digital Millennium Copyright Act (DMCA)
»	DMCA Summary (U.S. Copyright Office Summary)
»	ACE: Background Discussion of Copyright Law and Potential Liability for Students Engaging in P2P File Sharing on University Networks
»	Proposed HEOA Regulations for P2P Filesharing on Campus Networks (Proposed Regulations reflect agreement reached by higher ed reps and the entertainment industry.)
»	Summary of key provisions and requirements of HEOA Regulations for P2P Filesharing on Campus Networks (EDUCAUSE)