All members of the community are responsible for adhering to all University policies including the University’s Acceptable Use Policy that outlines the acceptable use of all technology resources at the University.
It is the policy of the University that all members of the community adhere to the provisions of United States copyright law. A copyright grants to its owner the right to control an intellectual or artistic creation, to prohibit others from using the work in specific ways without permission, and to profit from the sale and performance of the work. Copyright protection extends beyond copies of the written word and recordings of sound to include visual and animated images, and encompasses "hard copy" and electronic use and duplication of protected works. Each member of the University community must take some individual responsibility for copyright compliance. The University has developed extensive guidelines to assist and direct faculty, students, and staff in their compliance obligations (see the University’s Interim Technology Policy (Section P Copyright and Intellectual Property). Conforming to this policy may in some cases result in additional costs to the student for course materials and some additional inconvenience and time delay in the preparation procedure of those materials. Members of the University community who willfully disregard the copyright policy do so at their own risk.
Whatever gray areas there may be in copyright law, offering for sharing over the network a recording, movie, text, software, graphic image, or other work without the authorization of the owner of that work's copyright is unambiguously offering to "distribute" that work and subjects one to serious legal consequences. The Digital Millennium Copyright Act (See Section L Interim Information Technology Policy) and other statutes require the University to cooperate in eliminating such activity.
Users must protect themselves and the University by not making copyrighted materials available over the Internet without the owner's authorization. Students must ensure that their computers are not offering to share copyrighted works. Faculty and staff may not use their University-owned computers to run file-sharing programs.
Federal Penalties for Copyright Infringement
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 either actual damages or “statutory” damages set 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.
Peer-to-Peer File Sharing
It is also the policy of the University that users are prohibited from using Arcadia’s computer network to illegally download or share copyrighted materials, including music, games, movies and videos. Such activity is illegal and may subject you to a variety of serious penalties. It may also inadvertently expose your confidential information and/or make your computer insecure.
Unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, is against the law and may subject students to civil and criminal liabilities (See Interim Technology Policy Section CC). Peer-to-peer file sharing refers to the use of software that allows computer users to connect in to a peer-to-peer network to search for shared files on the computers of other users connected to the network. These programs include, but may not be limited to, KaZaA, Morpheus, iMesh, Gnutella, LimeWire, Grokster, and other descendants of Napster.
Authorized users of the University’s technology resources are prohibited from attempting to circumvent, bypass, defeat, or disrupt any device, method, or technology implemented by the University to prevent the use of peer-to-peer file sharing programs and applications for the unauthorized acquisition or distribution of copyrighted or licensed material on any University computer or the University network.
Legal alternatives to illegal file sharing practices include the use of services such as Apple iTunes, Netflix, Hulu, Amazon, Google Play Store, etc.
Sharing protected works by unauthorized copying is not only a violation of copyright law but also a violation of the University's Acceptable Use Policy, which forbids use of the network if it "Violates the rights of any party or property protected by copyright, patent, or similar laws or regulations including, but not limited to, the unauthorized copying of copyrighted material including, digitization and distribution of photographs from magazines, books, or other copyrighted sources, copyrighted music, Bit Torrent and other forms of Peer-to-Peer sharing of copyrighted information and the installation of any copyrighted software for which the University or the end user does not have an active license”.
Agents of copyright owners have become increasingly aggressive in pursuing violators on university networks, filing suits seeking tens of thousands of dollars in damages from some students and other users. This ban seeks to protect users from exposure to such liability, to adhere to the copyright laws, and to protect network capacity for educational uses.
Public Performance of Copyrighted Works – Showing Movies or Games
The copyright law protects audiovisual works such as films, videos, and DVDs and controls the showing of movies to any public group. Among the rights of a copyright holder is the right to authorize public performance (showing) of videotape or DVD copies of films subject to “fair use.” Showing of copyrighted films, videotapes, or DVDs generally is permissible in conjunction with teaching activities.
If a videotape or DVD is labeled “For Home Use Only,” the showing must fall under the face-to-face classroom teaching exemption, be licensed, or be permissible as “fair use.” Unless a license is acquired, most performances (showings) of films, videotapes, or DVDs in a public room, or in a university building (including public areas of university housing), for entertainment, whether a fee is charged or not, is an infringement.
If a performance license is needed, the University’s library will assist you in seeking permission by helping you locate the address of the producer’s permissions department.
Audio/Video Recording of Classes
Students may not make audio or video recordings of classes without the advance written permission of the instructor. Students may use such recordings only for course purposes, may not distribute them outside the class, and are expected to destroy the recordings at the conclusion of the course term.
Respect for Privacy
In our increasingly digital world, it is important to ensure that our community's norms and expectations include respect for privacy. As such, misuse of electronic media devices, systems, or methods (“hacking”), is prohibited. This includes, but is not limited to:
- making or disseminating a photograph or image, or audio or video recording, including “streaming” audio or video (hereafter referred to collectively as "recording"), of any person(s) without their prior knowledge and express consent if a reasonable person would find the recording inappropriate and/or likely to cause injury or distress; if the recording was captured in a place that is considered private or under circumstances where the person(s) has/have a reasonable expectation of privacy, including in non-public conversations or meetings with University faculty members, staff members, or other officials when the circumstances reasonably indicate that the communication should be confined to those present; or where the recording was otherwise made in violation of any law;
- altering or accessing another person’s phone voice mailbox, email accounts, websites, social media accounts, or other online presence without permission or creating accounts for someone without permission;
- recording classroom lectures or similar activities unless the instructor has given specific permission to do so, other than situations when courses are being recorded as a reasonable accommodation facilitated by Disability Support Services; and
- posting or distributing material via electronic media (e.g., online social networks like Facebook, Instagram, Twitter, or websites, mobile apps, blogs, emails, etc) that violates this Code of Conduct.
This section does not pertain to authorized security footage or other similar recordings made by law enforcement, or to recordings of public events. That said, recordings of certain events such as performances may be restricted for reasons such as contractual obligations between the University and the performer which prohibit recordings, or for safety reasons (e.g. the prohibition of flash photography during a dance performance).