Peer-to-peer (P2P) file sharing allows users to share files online through an informal network of computers running the same software. How you use P2P software may violate federal copyright law and University Policy. Using P2P file sharing software that copies and distributes music, videos, software, games, or other copyrighted works without permission of the copyright holder is a violation of University Policy and US copyright law.
Be aware – you may be uploading
Michigan Tech continually faces issues in the areas of copyright infringements and poor network performance caused by network users who are illegally uploading and downloading digital content. Users are often unaware that services like LimeWire or BitTorrent can and do share these files even when the application isn't open. Under the Digital Millennial Copyright Act (DMCA), you are liable for all illegal file sharing to and from your computer, even if you are not aware this is happening.
It is important to know the facts of what activities violate copyright law. For more information refer to our P2P File sharing frequently asked questions.
Consequences of Illegal File sharing
At Michigan Tech, there are consequences of illegal file sharing. Complainants may also file charges through the U.S. Court system which could result in civil and criminal penalties.
Alternatives to Illegal File sharing
We strongly encourage you to use alternative legal methods to obtain copyrighted material. Most music must be paid for in one form or another.
Legal sources of Online Content as compiled by Educause can be viewed at: http://www.educause.edu/legalcontent.
DMCA Procedures for Residential Networks (Resnet) and Michigan Tech Wireless Networks
A DMCA violation relating to the Michigan Tech Residential Network (Resnet) and Michigan Tech Wireless Network will result in the following disciplinary actions.
All Offenses
- IT will forward a copy of the DMCA notice to you.
- IT copies the notice to the Office of Academic and Community Conduct. This will be placed in your student conduct file with their office.
- Consequences of repeat offenses may include conduct probation as determined by the Office of Academic and Community Conduct. Conduct probation may affect your ability to participate in co-curricular and/or extra-curricular activities (e.g., Co-Op, Internship, Study Aboard, some financial aid scholarships). Furthermore, student conduct files may be subject to employment background checks upon release with your permission.
The University does not monitor connections solely based on content; however, once a connection leaves campus other organizations such as the MPAA and RIAA may be monitoring for illegal content, and have been known to file DMCA notices, as well as take legal action.
We strongly encourage you to use alternative legal methods to obtain copyrighted material.
DMCA Procedures for Michigan Tech Academic or Administrative Networks
When a notice comes into Michigan Tech that a DMCA violation has occurred within Michigan Tech's academic or administrative network, an investigation is conducted to determine the identity of the offender.
- If the offender is identified as being a student, that student will be referred to the Office of Academic and Community Conduct.
- If the offender is identified as being a staff or faculty member, that individual will be referred to the Human Resources Department for disciplinary action.
Once again, we strongly encourage you to use alternative legal methods to obtain copyrighted material.
HEOA Compliance—Civil and Criminal Penalties
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially the FAQ at www.copyright.gov/help/faq.