Peer-to-Peer File Sharing of Copyrighted Materials Policy
Approved June 28, 2010
Purpose:
This policy establishes conditions to combat unauthorized distribution of copyrighted materials by users of the university’s network.
Background and Reason for the Policy:
The Higher Education Opportunity Act of 2008 (HEOA) (Pub. L. 110-315) added provisions to the Higher Education Act of 1965, as amended, (HEA) requiring institutions to take steps to combat the unauthorized distribution of copyrighted materials through illegal downloading or peer-to-peer distribution of intellectual property. These requirements were effective upon enactment of the HEOA, August 14, 2008. On October 29, 2009, the Department published final regulations implementing the statutory requirements (74 FR 55902). These regulations go into effect July 1, 2010.
Policy:
UW-L ITS will limit the bandwidth and priority of
peer-to-peer traffic.
UW-L ITS will act on notices from the RIAA, MPAA, or others of
copyright infringement. Effort will be made to identify the user
involved and per the DMCA, their internet access will be blocked
until they are spoken to and the illegal copyright material has
been removed from their computer.
Campus will be informed of this policy by annual email messages
to all individuals, and postings to campus publications such as
the Campus Connection and the Eagle Connection on an
intermittent basis.
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.
There are many alternatives to illegal downloading of
copyrighted material. A list of legitimate download
services is available at sites such as:
www.educause.edu/legalcontent
www.riaa.com/toolsforparents.php?content_selector=legal_music_sites
www.campusdownloading.com
This list should not be construed as an endorsement by UW-La
Crosse for one
service over another.
Consequences of non-compliance:
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.
Repeated noncompliance will result in the offender’s computer
being disconnected from the University's network. Information
Technology Services will investigate and document apparent or
alleged violations of these policies. Cases of apparent
abuse will be referred to the appropriate University officials
for further investigation and possible disciplinary action.
Student cases will be referred to the Office of Student Life, in
accordance with the University of Wisconsin System
Administrative Code. (www.uwsa.edu/bor/admrules.htm)
Review:
UW-L ITS will keep copies of the copyright infringement notices it receives from the RIAA, MPAA, and others each year. Effectiveness of this policy will be determined by comparing the numbers of notices with prior years.