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As many of you know, the recording industry recently sued students at three
universities for copyright infringement in the operation of peer-to-peer file
sharing networks. These lawsuits underscore the importance of compliance with
federal copyright laws. The use of peer-to-peer networks to reproduce and
distribute commercial copyrighted music and movies for non-academic purposes is
illegal. This is true whether or not the participants charge a fee for the
service.
Persons found to have infringed may be held liable for substantial damages
and attorneys fees. In the cases filed this week, the recording industry is
suing each student for damages of $150,000 for each recording infringed.
Copyright infringement also carries criminal penalties under the federal No
Electronic Theft Act. Depending on the number and value of the products
exchanged, penalties for a first offense may be as high as three years in
prison and a fine of $250,000.
As a community dedicated to encouraging the creation of knowledge, the
academy should be particularly respectful of the interests that copyright law
protects. The Dartmouth College Copyright Policy states:
The holders of copyright possess the exclusive right to authorize
reproduction of, distribution of copies or phone records of, public performance
of, public display of, and preparation of derivative works based on copyrighted
works. It is illegal to violate the rights of copyright holders or to direct
others to do so. The penalties for violation can be severe. . . . Dartmouth
College, its faculty, students, and employees must comply with the Copyright
Act of 1976. . . . All faculty, students, and employees must adhere to this
policy (http://www.dartmouth.edu/copyright/).
In addition, Dartmouth's Information Technology Policy states:
Dartmouth College expects each member of the community to use Dartmouth's
information technology resources, including connections to resources external
to Dartmouth that are made possible by Dartmouth's information technology
resources, responsibly, ethically, and in compliance with the Policy, relevant
laws, and all contractual obligations to third parties. The use of Dartmouth's
information technology resources is a privilege. If a member of the community
fails to comply with this Policy or relevant laws and contractual obligations,
that member's privilege to access and use Dartmouth's information technology
resources may be revoked. . . .
By adopting the Policy, Dartmouth recognizes that all Dartmouth students,
faculty, and staff are bound not only by the Policy, but also by local, state,
and federal laws relating to electronic media, copyrights, privacy, and
security (http://www.dartmouth.edu/comp/itpolicy/index.html).
Violation of the Copyright Act through the use of College facilities also
constitutes a violation of the College's Standards of Conduct for students.
Under Standard VI, [s]tudents . . . are subject to disciplinary action for
violation of the laws of any jurisdiction, whether local, state, federal, or
foreign. Under Standard VII, [s]tudents . . . must abide by College policies,
rules, and regulations. (Student Handbook 2002-2003, pp. 143-144)
Moreover, under federal law, the College cannot condone or ignore
infringement. Under Section 512(i) of the Digital Millennium Copyright Act of
1998, a service provider such as Dartmouth may be held liable for a user's
infringing activity unless the service provider has a policy that provides for
the termination in appropriate circumstances of . . . repeat infringers.
While the copyright law prohibits wholesale reproduction of commercial
copyrighted works for entertainment purposes, the statute's prohibition on
copying is not absolute. Under the fair use provisions, limited portions of
copyrighted works may be used for academic purposes such as teaching,
scholarship, or research. There are also special exemptions for classroom use.
And, of course, copyrighted works may be reproduced with the permission of the
copyright owner.
The General Counsel's Office is available to answer inquiries from faculty,
staff, and students concerning the scope of the fair use exemption, the
procedure for obtaining permission to copy, or other matters pertaining to
copyright compliance. We encourage your questions. Information about
Dartmouth's copyright policy can also be found at http://www.dartmouth.edu/copyright/.
Robert B. Donin
April 4, 2003
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