Frequently Asked Questions

The Recording Industry Association of America (RIAA) is the trade group that represents the U.S. recording industry. Its mission is to foster a business and legal climate that supports and promotes our members' creative and financial vitality. Its members are the record companies that comprise the most vibrant national music industry in the world. RIAA members create, manufacture and/or distribute approximately 85% of all legitimate sound recordings produced and sold in the United States.

Statutory damages are monetary damages levied by a court which make up the amount of financial compensation that is paid to the owner of copyrighted material by a violator who is found guilty of unauthorized use of that owner’s intellectual property.

These terms are often used interchangeably to describe the act of violating copyright laws by downloading or distributing copyrighted materials without permission from the copyright owner.

• File sharing consists of two parts, Downloading and Uploading files.
  
  
  • Download: Using Peer 2 Peer software to obtain files from another users’ computer.
     
  • Upload: Using Peer 2 Peer software to allow others to obtain files from your computer.
     
  • Typically people think of Music, Movies, and Video Games, but you should never download or upload a file without written permission from the creator of the file.
     
• Copyright infringement occurs when you download or share copyrighted materials —including music, movies, games, and software —from the Internet without consent from the author.
   
• Online piracy is the unauthorized use or reproduction of copyrighted or patented material. This term is often used to describe copies of movies, software or other media which are illegally copied and then sold overseas or on the black market.
   
• Downloading occurs when you receive or accept data files from a remote server, system or Web site to your computer system. If the files you receive are copyrighted works and you do not have permission from the owner to obtain or use those files, you have accepted an illegal download.
   
• Illegal uploading occurs when you send data files from your computer system to a remote server, system or Web site. If the files you send (or share) are copyrighted works and you do not have permission from the owner to distribute those files, you are illegally uploading.

Peer-to-peer (P2P) software allows “peers” (individual computer systems) to connect to each other over a network (the Internet) to share files.

Sharing work or media through a peer-to-peer (P2P) network is legal if you own the copyright, thus you own the right to determine if and how that work is distributed. For example, you can write and produce an original song and make it available for others to download for free through a P2P file sharing program. However, it is illegal for you to download or share protected works without permission from the copyright owner.

Yes, along with giving your computer the ability to illegally distribute files, many popular file sharing programs allow users to grab file from your machine, even file you do not want to share. This may lead to people gathering your credit card number, Social Security Information, Tax returns or any file you have stored on your computer. P2P software uses system resources, making your computer work harder to perform simple tasks such as viewing the Internet.

Resnet offers information on how to remove or disable a P2P program on your computer.

There are three groups of people who care if you download or share music.

1. The authors and owners of copyrighted works care if you download and share their materials without their permission. Copyright laws were created to protect the rights of citizens who create original works of music, image, art and text files. Only the copyright owners have the right to determine who uses and distributes their works. Owners who feel you have infringed on their copyright can hold you accountable for your actions.
   
   
2. The College cares if you download or share music because by doing so via peer-to-peer software, you make the campus data network vulnerable to viruses and online criminals. In addition, when you use a Peer2Peer program, you consume a large amount of bandwidth from the network. Finally, Utica College is subject to the regulations set forth in U.S. Copyright Law, including, but not limited to, the Digital Millennium Copyright Act. These laws require UC to hold users accountable for their actions when using the campus data network. Failure to adhere to the laws can tarnish the College’s reputation and possibly result in sanctions or a reduction in funding from the governmental grants and programs.
   
   
3. You should care if you download or share music. You should care about protecting the rights of copyright owners because you may be a copyright owner some day. You should care about protecting the campus data network and your computer from threats. You should care about protecting the image of your College.

When you have express written permission of the original copyright owner or you are the sole owner of the work in question.

You can download when files (music, movies, games) are obtained from Industry approved lists. This does not give you the right to share these files with others. A link to the approved lists can be found here:

https://www.utica.edu/academic/iits/copyright/legal_options.cfm

As an institution of higher learning, Utica College proudly supports the rights of content owners and is committed to protecting the security of the campus data network. The College has a responsibility to adhere to the laws and guidelines set forth in U.S. Copyright Law and the Digital Millennium Copyright Act. All users of the campus data network must subscribe to the rules outlined in the Utica College Computer Use Policy, which prohibits users from using the campus data network to “engage in the unauthorized copying, distributing, altering or translating of copyrighted materials, software, music or other media without the express permissions of the copyright holder.” Visit the Utica College Computer Use Policy to learn more.

Fair use is a provision of U.S. Copyright Law which defines the legal but limited use of copyrighted material without permission from the owner. Acceptable forms of fair use are for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research.

Copyrighted materials need not bear the copyright symbol in order to be protected. Since 1978, all works created are automatically protected, regardless of whether the owner/author submits a copyright request; all works originally created before 1978 (whether registered or not) are also protected by copyright law. In fact, in the United States, as soon as they are created, all music, film/videos, software, text, photographs, digital images and sounds are granted copyright protection. It is better to always assume a work is copyrighted and that you must obtain permission to use it (i.e. download it or share it). To learn more or search for specific works, visit the U.S. Copyright Office.

If you are a UC student:

• The College will take disciplinary action if you engage in illegal file sharing. For your first offense, you face immediate but temporary loss of campus data network privileges on your computer, must attend a mandatory conference with a representative of IITS, and attend mandatory training on copyright law. On your second offense, you face temporary/or permanent loss of campus data network privileges and referral to the Office of Student Affairs for adjudication as a violation of Utica College policy. If a violation is confirmed you will be charged Network Reconnection Fee. Additional violations will have increasing reconnection fees.
   
• Keep in mind that when a violation occurs, the office of Integrated Information Technology Services (IITS) will make every effort to contact you and your account will be disabled. To avoid this consequence, you should respond to notices and/or requests for a meeting with the College’s Information Security Officer in IITS.

More details are available here.

If you are a member of the UC faculty or staff:

• Violations of College policies and procedures will be considered under the College’s established disciplinary practices and procedures for employees and may carry disciplinary consequences, up to and including dismissal from employment. Such violations may also subject individuals to civil or criminal actions in state or federal courts. For more information, refer to the AAUP-UC Collective Bargaining Agreement in affect / Utica College Employee Code of Conduct

To all users of the Utica College campus data network:

• Violating the rights of a copyright owner can result in fines in the form of settlements or statutory damages. The courts determine the fines associated with copyright infringement, and fines can range from $200 per violation to $150,000 per violation. In addition to the statutory damages, if you are guilty of copyright infringement, you can be held accountable to pay costs and attorney’s fees related to litigation. Many people, even several at UC, have found themselves being sued by the Recording Industry Association of America (RIAA) acting on behalf of its member record companies, and in many cases the violators have been forced to pay thousands of dollars in settlements to the RIAA. Across the nation, students have reported paying up to $4,000 in settlement fees to the RIAA for a single copyright violation.

Email messages from recording industry groups alleging copyright infringement pursuant to the DMCA are sent to the officially designated copyright agent for the College. If you receive a letter from the RIAA or other recording industry group, we advise you contact the College’s Information Security Officer in IITS.

The easiest way to avoid charges for illegal file sharing is to not do it in the first place. Explore the various sources for music, movies, software and games provided in Alternatives for Legally Obtaining Copyrighted Materials. Select one that meets your needs. If you use peer-to-peer (P2P) software to illegally download or share files from your computer, remove it. You can learn how to remove P2P software in Resources. And finally, don’t let anyone else use your computer to illegally download or share files.

Unless you have explicit permission from the copyright holder, you cannot reproduce it (download or copy) or distribute (share) it.

Check out:

• Legal alternatives

The campus network is comprised of all of the wired and wireless services provided by the College which support learning, research and administrative functions accessible from on and off campus.

Within the Utica College Computer Use Policy is a file sharing policy that identifies legal and illegal ways of obtaining copyrighted material via the Internet, what standards by which all users (students, faculty and staff and other authorized guests) may use the shared Utica College network, and penalties associated with violating the policy.

The Motion Picture Association of America (MPAA) and its international counterpart, the Motion Picture Association (MPA) serve as the voice and advocate of the American motion picture, home video and television industries, domestically through the MPAA and internationally through the MPA. Today, these associations represent not only the world of theatrical film, but serve as leader and advocate for major producers and distributors of entertainment programming for television, cable, home video and future delivery systems not yet imagined.