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File Sharing @ BU

Downloading or Distributing Whole Copies of Copyrighted Material For Personal Use or Entertainment Without Explicit permissions From the Copyright Owner is against the Law.

Staying Legal is Easy! Protect yourself now-It’s easy

Learn-

File sharing presents a serious security risk to computer resources. Click here to read about the possible dangers if using file-sharing mechanisms.

Avoid P2P

The safest way to avoid copyright infringement trouble is to avoid using peer-to-peer and other file sharing software altogether read more about P2P here

Find out if you’re sharing

Use the Personal Software Inspector tool to learn what types of software you have on your computer, and what it’s doing.
Download this and scan your pc.

Use Legal Alternatives

There are plenty of legal alternatives — and plenty of options: including pay-per-song, subscription, and streaming — many are free. Also to note, free doesn’t always mean illegal, and not all paid services are legal. It’s your job to make sure.

Click here for a list of legal music sites where you can download legally

Disable outbound sharing

If you still intend to use peer-to-peer or other file sharing software, ensure that it’s not configured to automatically share the files on your computer. If configured improperly, malware (viruses), spyware, or identity theft could await you. » Learn how

Warning:

It is your responsibility as a computer user at Brescia University and an Internet user to act legally and responsibly with regard to collecting and sharing MP3 files and other potentially copyrighted materials.

Under federal law, Brescia is obligated to investigate any allegations of infringement that it receives, and campus judicial action can result under some circumstances. You may want to consult the No Electronic Theft Act to familiarize yourself with some of the laws and criminal penalties regarding copyright infringement.

While it is important to protect yourself by disabling outbound file sharing, remember that downloading or distributing whole copies of copyrighted material for personal use or entertainment without explicit permission from the copyright holder is against the law. This includes, but is not limited to, downloading using peer-to-peer software.

DO-

  • Use legal downloading sources and don’t share copyrighted content
  • Protect your computer-download Ad-aware or Spybot
  • Click here for more actions to take to avoid copyright infringement

Make Sure YOU ARE LEGAL

It is your responsibility to ensure that you are legally downloading music and movies.

Sanctions for copyright infringement and Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

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.

Penalties for copyright infringement include civil and criminal penalties. In general anyone found liable for civil copyright infringement may be ordered to pay wither 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 attorney’s 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.

For more information, please see the web site of the U.S. Copyright office at http://www.copyright.gov and the FAQ’s at http://www.copyright.gov/help/faq

Unauthorized distribution of copyrighted material using Brescia University’s information technology resources — including sharing copyrighted music, movies, and software through peer-to-peer applications like LimeWire, BitTorrent, etc. using Internet access provided by Brescia University — is against the law and university policy. Unlawful file sharing may subject you to legal penalties, which can include any or all of the following:

•Having to pay money to the copyright holder in a lawsuit — between $750 and $30,000 for each file, and up to $150,000 for each file if the infringement was willful
•Having to pay the copyright holder’s costs and attorney fees to bring the lawsuit
•Criminal fines of up to $250,000, and up to 10 years’ jail time — even if someone sharing files doesn’t sell or charge for them
•Seizure and destruction of infringing files

Additionally the university may impose sanctions, including loss of network access and disciplinary action including judicial punishment. This site outlines further information about these sanction or to learn how to avoid copyright infringement claims from music, movie, and software copyright holders.

Copyright Information Notice

In accordance with 34 CFR 668.43(a)(10) Brescia University provides information regarding institutional policies and sanctions related to unauthorized distribution of copyrighted materials. This notice is available by clicking here on the website or you may send a letter via U.S. Postal Mail requesting a copy by postal mail to Director of Information Technology, Brescia University, 717 Frederica Street, Owensboro, KY 42301.

You may also request a copy of this information by e-mailing [email protected] with your name and address information.

Faculty, Staff, and Resident students may request a copy by inter-campus mail to the IT Department.

Faculty and Staff can also access this information via the Brescia Intranet.

Other Resources to check out: