Digital Copyright Information
Copyright provides the owners of music, movies, photographs, web sites, books, and other intellectual property with exclusive rights including the right to copy, distribute, share, adapt and sell their works. The Digital Millennium Copyright Act (DMCA) is the portion of copyright law that details acceptable digital use of materials.
It is important for TCU faculty, staff, and students to understand copyright laws and policies. For that reason, this site has been setup to provide you with resources about DMCA, legal file sharing, and associated issues.
Violation Notices
The Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA) and other copyright holders or their agents may send campus Internet Service Providers (ISP) “DMCA infringement notices”, “preservation notices” or “settlement letters”. These types of notices are described below in more detail..
TCU’s official DMCA Agent is registered with the U.S. Copyright Office and can be located at http://www.copyright.gov/onlinesp/. All notices, letters etc. MUST be sent to the official DMCA Agent’s email address. Notices sent to other email addresses will not be processed.
Policy and Law
For more information on the DMCA and the associated TCU policies:
- TCU’s Intellectual Property Policy and Procedures
- TCU Information Security Policy
- TCU Network and Computer Usage Policy
- TCU’s Plan for Compliance with the HEOA’s P2P File Sharing Requirements
- DMCA (The Digital Millennium Copyright Act of 1998)
Legal Downloads
As evidenced by recent lawsuits, illegal downloading of music and movies can be extremely costly. For a list of legal sources of online content visit the Educause legal content sources web page at http://www.educause.edu/legalcontent.
Security Note Regarding P2P File Sharing
Peer-to-Peer (P2P) file sharing applications (such as KaZaA, iMesh, Gnutella, BitTorrent, Napster, LimeWire, etc.) are very vulnerable to malware, spyware and other malicious attacks causing undue risk to your computer and its data. These applications can also be used to upload music and videos, often without your knowledge. If you do have one of these applications installed you should uninstall it, or at least disable peer-to-peer file sharing capability.
DMCA Infringement Notices
Information Technology notifies Campus Life that a user has received a copyright infringement notice. The student is then emailed and asked to schedule an appointment with the Campus Life representative within three days to discuss the situation.
During the meeting, the alleged policy violation is explained. The student is then asked to: delete any illegally held copyrighted material, disable any file sharing software, understand the implications of possessing and sharing illegally held copyrighted materials, agree to not share copyrighted material while their computer is connected to the TCU network, and to understand that further violations of the computing resources code may result in more severe sanctions being placed on them. For their current sanction, the student is asked to send out a pre-scripted email to 20 of their TCU peers, as well as the Campus Life Representative, in order to assist with education their fellow students about the dangers of sharing copyrighted materials. The student will then sign an affidavit of cessation that outlines all that has been requested. Upon receipt of the email to their peers, their computer’s access to the network is restored.
Settlement Letters
Information Technology notifies Campus Life that a user has received a settlement letter. The student is then emailed and asked to schedule an appointment with the Campus Life representative within three days to discuss the situation. The student is also informed that the RIAA settlement letter is attached to the email. The student is asked to carefully review the attachment and strongly encouraged to discuss this notice with their parents. The student is also advised that he or she may want to seek legal counsel.
During the meeting, the alleged policy violation is explained and the settlement letter is reviewed. The student is then asked to: disable any file sharing software, understand the implications of possessing and sharing illegally held copyrighted materials, agree to not share copyrighted material while their computer is connected to the TCU network, and to understand that further violations of the computing resources code may result in more severe sanctions being placed on them. For their current sanction, the student is asked to send out a pre-scripted email to 20 of their TCU peers, as well as the Campus Life representative, in order to assist with education their fellow students about the dangers of sharing copyrighted materials. The student will then sign an affidavit of cessation that outlines all that has been requested. Upon receipt of the email to their peers, their computer’s access to the network is restored.
Preservation Notices
Information Technology notifies Campus Life that a user has received a preservation notice. The student is then emailed and asked to schedule an appointment with the Campus Life representative within three days to discuss the situation.
During the meeting, the code violation and preservation notice are explained. The student is informed that they may also receive a settlement letter in the future, at which point a formal meeting will be required of them. Since this meeting is informational in nature, no sanctions are given and no affidavit is signed.
Release of Student Information
Unless served with a proper subpoena, TCU will not disclose the name of, or other identifying information pertaining to, the user to the RIAA or the holder of the copyright.
If you do not respond to the settlement letter, however, the holder of the copyright may possibly file suit against you as a “John Doe” or “Jane Doe,” and subsequently serve TCU with a subpoena to obtain information revealing your identity. If served with a legally issued subpoena, TCU may have no option but to comply with the subpoena and supply the information requested therein, which will undoubtedly include the identity of the user of the infringing IP address.
FERPA
The Family and Education Rights and Privacy Act (“FERPA”) affords you limited protection with regard to a subpoena. FERPA provides that an institution served with a lawfully issued subpoena must notify the student of its receipt of the subpoena in advance of compliance, so that the student may seek a protective court order. If the student does not seek a protective order, or is unsuccessful in obtaining such an order, the institution must respond to the subpoena.
Note:
Please be aware that TCU will not be a party to any legal action instituted by the copyright holder against the user, and will not provide legal assistance to that user. If you receive a settlement letter from the RIAA, it is your responsibility alone to determine the manner in which you will respond. You may wish to consult with legal counsel of your choosing before responding to the settlement letter.
FAQ’s
What should I do if I receive a settlement letter from the RIAA?
TCU cannot advise you on the course of action that is in your best interest should you receive a settlement letter from the RIAA. TCU strongly encourages that if you have any questions about a settlement letter, you should consult with legal counsel of your own choosing who is knowledgeable about copyright law.
Where can I get more information?
Aligned with TCU’s mission statement to educate individuals to think and act as ethical leaders and responsible citizens in the global community, a few links have been listed below in alphabetical order.
