Peer-to-Peer File Sharing, Emerson College

Purpose

The purpose of this policy is to ensure compliance with copyright laws and regulations, including the Higher Education Opportunity Act (HEOA), by outlining the responsibilities of Emerson College faculty, staff, and students regarding intellectual property rights and the use of the College’s computing resources. This policy is designed to protect the College from liability associated with copyright infringement and to foster a culture of respect for intellectual property.

Scope

This policy applies to all members of the Emerson College community, including faculty, staff, and students, who use the College’s computing resources. It addresses the unauthorized distribution of copyrighted materials through peer-to-peer file sharing, and details the procedures for handling reports of copyright infringement.

Definitions

Copyright Infringement: The unauthorized use, reproduction, or distribution of copyrighted material, in violation of the copyright holder’s rights.
Peer-to-Peer (P2P) File Sharing: A method of distributing or accessing digital media, such as music, movies, or software, where users share files directly with each other over a network.
HEOA: The Higher Education Opportunity Act, a federal law requiring higher education institutions to take steps to combat copyright infringement, including the unauthorized distribution of copyrighted materials using campus networks.

Statement of Policy

Emerson College is committed to upholding intellectual property rights and requires that its faculty, staff, and students comply with all applicable intellectual property policies and laws, including federal copyright law. In accordance with the HEOA, the College must take affirmative steps to prevent illegal file sharing on its computing network and will respond to claims of copyright infringement.

While the College does not routinely monitor electronic activities, it has procedures in place to address claims of copyright infringement by copyright holders. When reports of infringement are received, they will be referred to the appropriate College authority for action:

Students: Reports will be referred to the Office of Student Conduct, and students may face disciplinary action in accordance with the Code of Student Conduct, including sanctions such as loss of housing or suspension.
Employees: Reports of employee copyright infringement will be referred to the employee’s department head for review and appropriate action.
Network Users: Any network user found engaging in illegal file sharing may face suspension or termination of network privileges.

Compliance and Penalties

In addition to College-imposed sanctions, copyright holders may pursue legal action against infringers. Penalties for copyright infringement can be severe, including:

Civil Penalties: Actual damages or statutory damages ranging from $750 to $30,000 per infringed work. Willful infringement may result in damages up to $150,000 per work.
Criminal Penalties: Courts may impose criminal penalties, including fines and imprisonment, for certain violations.

Legal Alternatives

There are numerous legal alternatives to unauthorized file sharing that allow users to access and share electronic media while respecting the intellectual property rights of artists and copyright holders. Please see the links below for copyright resources.

Compliance

The AVP of IT Security and Infrastructure shall ensure compliance with this policy, and any violations will be handled according to the College’s Human Resources and Student Conduct procedures.

Violations of this policy may result in disciplinary action, as outlined in the College's Code of Community Standards and applicable Human Resources policies.

Copyright Resources & Related Policies

Last updated: September 23, 2024