DMCA Copyright Infringement Information Page
Copyright Infringement (DMCA)
Kent State University's students, staff, faculty, and the University itself could be at risk of costly litigation, expensive fines, damage to reputation, and possible jail time if the DMCA is violated on KSU's network and not properly remediated.
What you need to know about KSU’s role:
- KSU is not a policing organization.
- KSU does not actively monitor computing behavior.
- KSU reacts to infringement notices generated by agents of the copyright holders
- KSU protects the identity of alleged infringing parties by maintaining ‘safe harbor’ status
What you need to know if you receive a copyright infringement notice:
- Your account or device was identified as using P2P software and illegally downloading or sharing copyrighted material (whether downloading to your computer or allowing others to download from your computer).
- You will be informed of the copyright infringement notice via email, and your network connection will be revoked to maintain ‘safe harbor’ status until such time as you have complied with the University’s requirements under the DMCA.
- You can face sanctions ranging from indefinitely blocked connectivity to dismissal from the University.
Definition of terms:
DMCA: The Digital Millennium Copyright Act of 1998 was signed into law in the United States to protect the intellectual property rights of copyright holders of electronic media (music, movies,
software, games, etc.). The DMCA allows KSU to operate as an ISP.
Safe Harbor: Safe harbor protects ISPs (KSU) from liability for information posted or transmitted by subscribers (users of the university's network) if they quickly remove or disable access to material identified in a copyright holder's complaint.
OSP/ISP: Online Service Provider/Internet Service Provider.
P2P Software: Peer-to-peer filesharing software. Software that allows multiple computers to connect through a network or the Internet for the express purpose of trading files back and forth.
Spyware: Unwelcome software, secretly installed with P2P software, which can cause many computer issues, ranging from slowness to making your files visible to others through the Internet.
The University’s requirements under the DMCA:
- Notify the alleged infringing party of the infringement.
- Remove the infringing material and restrict the alleged infringing party from continuing infringement activity.
- Provide education on Copyright Infringement.
Examples of P2P software used to illegally share copyrighted material:
eMule/aMule, Shareaza, WinMX, BitTorrent, Limewire, Morpheus, Ares
Note: There are too many to name them all. Additionally, there are versions that can be purchased, which profess to offer free downloads. Please understand that free does not mean legal.
You are purchasing an enhanced version of the software, not the right to download copyrighted material.
Examples of legitimate download services:
There are Internet-based services that are legitimate providers of copyrighted material. They have contracted with the copyright holders to allow them to provide the material at a discounted or per piece price (many services are based on monthly subscriptions). It is the responsibility of the user to identify the legitimacy of a service. As a guideline, here are a few legitimate services: iTunes, Spotify, Pandora, Napster.
Where to go for additional information:
Kent State University’s DMCA Compliance Team
copyright@kent.edu
330-672-3929
Additional terminology and links:
RIAA: Record Industry Association of America - https://www.riaa.com/
MPAA: Motion Picture Association of America - https://www.motionpictures.org/
BSA: Business Software Alliance - https://www.bsa.org/
ESA: Entertainment Software Association - https://www.theesa.com/
DMCA Full Text: https://www.copyright.gov/legislation/dmca.pdf
DMCA Definition and History: https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act