The Department of Education oversees federal regulations in which schools must comply with. Federal regulation mandates that schools must have a copyright infringement and peer-to peer file sharing policy. The following is the MIAT policy:
MIAT Plans to Effectively Combat Unauthorized Distribution of Copyrighted Material: Student and Employee Sanctions
As a student or employee, your conduct in MIAT classrooms and websites is subject to and must fully conform to the MIAT code of conduct policy and any other applicable policies. MIAT may monitor traffic or bandwidth on our networks utilizing information technology programs designed to detect and identify indicators of illegal peer-to peer file sharing activity. In addition to, or as an alternative, MIAT may employ other technical means to reduce
or block illegal file sharing and other impermissible activities. Disciplinary sanctions will be based on the seriousness of the situation. These sanctions may be in conjunction with additional sanctions through the MIAT code of conduct and any other policy applicable to the particular situation.
Copyright Law
Copyright is a form of legal protection provided by United States law (Title 17 U.S.C. §512(c)(2)) that protects an owner’s right to control the reproduction, distribution, performance, display and transmission of a copyrighted work. The public, in turn, is provided with specific rights for “Fair Use” of copyrighted works.
Copyrighted works protect “original works of authorship” and include:
- Books, articles and other writings
- Songs and other musical works
- Movies and Television productions
- Pictures, graphics and drawings
- Computer software
- Pantomimes and choreographic works
- Sculptural and architectural works
Specific information on copyright law and fair use may be found at the U.S. Copyright Office: https://copyright.gov/
Copyright Infringement
The copyright law states that “anyone who violates any of the exclusive rights of the copyright owner is an infringer of the copyright or right of the author.” The copyright law provides the owner of copyright in a work the exclusive right:
- To reproduce the work in copies;
- To prepare derivative works based upon the work;
- To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly;
- To display the copyrighted work publicly
- In the case of sound recordings to perform the work publicly by means of a digital audio transmission.
Peer-to-Peer File Sharing
Peer-to-Peer (P2P) file sharing is a general term that describes software programs that allow computer users, utilizing the same P2P software, to connect with each other and directly access digital files from one another’s hard drives. Many copyrighted works may be stored in digital form such as software, movies, videos, photographs, etc. Through P2P file sharing it has become increasingly easy to store and transfer these copyrighted works to others thus increasing the risk that users of P2P software and file sharing technology will infringe the copyright protections of content owners. If P2P file-sharing applications are installed on your computer, you may be sharing someone else’s copyrighted materials without realizing that you are doing so. As a user of MIAT’s network it is important that you recognize the legal requirements of the files that you may be sharing with others. You should be very careful not to download and share copyrighted works with others. The transfer and distribution of these works without authorization of the copyright holder is illegal and prohibited.
Legal Alternatives for Acquiring Copyright Material
Fair Use
Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors below, even though all the factors do not have to be in favor of a use to make it a fair one. The four fair use factors are as follows:
- The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes.
- The nature of the copyrighted work, such as whether the work is fiction or non-fiction, published or unpublished.
- The amount of work used in relation to the copyrighted work as a whole, such as using a poem in its entirety, or using one chapter from a long book.
- The effect of the use upon the potential market for the copyrighted work.
Requesting Permission
At some point you may find yourself in a situation when you will want to use someone else’s copyrighted material. The first step is to determine whether you can reasonably make a fair use of the material (see above). If your use is not fair use, the next step is to ask for permission. For many works the publisher is the copyright holder. Look for a copyright notice. Unfortunately, not all works will include a copyright notice, and it is also possible that the copyright has changed hands since it was printed. For older material it may be impossible to identify and locate the copyright holder. In such instances, documentation should be kept to show proof that a search was performed to find out who the copyright holder was. There are organizations that can help identify and contact copyright holders.
Ask for Permission
Once the copyright holder is identified, the next step is to ask for permission. An increasing number of publishers prefer that a request is made using a form on their website. Others may require that the request is made via fax or email. Whenever possible, make your request in the format preferred by the copyright holder. If the copyright holder does not have a set form then send a letter to them. Always keep copies of your correspondence.
Violations and Penalties Under Federal Law
In addition to MIAT’s sanctions under its policies 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, U.S. 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 .