Copyright at UVa for Employees

Frequently-Asked Questions

[Nov 23, 2009 14:09] Web access to Microsoft Live@edu accounts now works.

Look here for answers to some of the most-asked questions concerning digital copyrights here at UVa.

Come on! Is downloading copyrighted stuff really stealing?

If it's done without the permission of the people who own the copyright - yes, it's really stealing. According to the law - as well as to the performers, writers, software engineers, and other people who make their living from royalties - downloading a song or a movie or a piece of software in violation of its copyright is no different from walking into a retailer and shoplifting it. Really.

What can happen to me if I'm caught downloading or sharing files in violation of their copyrights?

The University generally does not monitor the network for content and does not itself generate copyright violation notices to its network users. However, given receipt of this notification, the University will undertake an internal investigation to determine whether its network has been used in a manner inconsistent with law or the University’s Respect for Copyrights of Digital Materials and Software Policy and take appropriate action, if necessary. If you are identified in the investigation, you receive an email notifying your of your required response. A copy of this message is also provided to the University Audit Department, University Employee Relations, and your department head to make them aware of the complaint we received.

Then you must search for and delete any files on your computer that match the file name(s) specified in the violation notice, and notify ITC within three business days that the material has been deleted. If you don't reply back within the time limit, ITC will disconnect your machine from the UVa network. In that case, ITC will reconnect you to the network three more business days after we hear back from you that the files have been removed from your computer. Reconnection fee is waived for first-time offenses.

Even if you were unaware your activity was illegal, or if someone else used your computer to conduct illegal activity without your knowledge, you are still responsible for how your computer is used, and all the penalties described above still apply.

Of course, those are just the sanctions imposed by UVa. Industries represented by the people who generate the violation notices can - and have shown that they will - prosecute you to the extent the law allows. You can be sued in criminal court, where penalties for first-time offenders can add up to $250,000 and five years in jail; and/or civil court, where you could face damages of up to $150,000 per title for copyright works that you've downloaded or shared. Find out more at musicunited.org.

Doesn't my First Amendment right to free expression allow me to upload and download whatever I want?

No, it doesn't. The courts have shown that they regard copyright infringement as theft, not as free expression.

Isn't downloading and uploading of digital material protected by the Fair Use clause of copyright law?

No. Fair Use basically covers the use of copyrighted materials for academic kinds of activities - teaching, scholarship, research, news reporting, etc. It strictly regulates the nature of the copyrighted material; the specifics of how it's being used; the amount that's being used (as a proportion of the whole work); and the effect of such use on the potential market for that material. If you're sharing your Eminem CD with others on the Internet - even if you bought the CD legally - it's not fair use.

Is it illegal for me to share copyrighted stuff even if I don't charge for it?

Even if you're not making any money from doing it, it is still illegal for you to distribute material without permission from the copyright holder. Whether you are profiting or not, you are still taking money out of the pockets of musicians, actors, writers, etc. by giving away the fruits of their labors for free.

How can I tell when something is copyrighted?

If you get the material legally - by buying a CD, DVD, etc. - there is usually a copyright mark or warning on it somewhere. That's not always the case, though; and a work doesn't have to have a copyright symbol on it to be protected by law. When in doubt, assume it's copyrighted.

What is a copyright violation complaint notice?

This is a notice that is sent by industry representatives to the University, to complain of a specific copyright violation here. The complaint identifies the particular offense that is alleged to have taken place, as well as the date and time of the infringement and the IP address of the computer on which it happened.

See a sample violation notice

To find out what happens when the University receives a notice like this, read our Violation Notices page.

What is the DMCA?

The DMCA is the Digital Millennium Copyright Act of 1998. This legislation was enacted by the U.S. Congress in order to meet the unique challenges to traditional copyright law that were posed by digital media. UVa's policies with regard to notification of digital copyright violators and sanctions on abuse are based on the provisions of the DMCA.

You can find the U.S. Copyright Office's summary of the DMCA at http://www.loc.gov/copyright/legislation/dmca.pdf.

Can I legally download and share public domain material?

Yes. If the copyright has expired on a work and it is truly in the public domain, you can copy and distribute it freely. Be careful, though: just because something has gone out of print - it's no longer being sold retail, or being reproduced for purchase - doesn't mean that it's public domain.

I got a letter from the RIAA saying that I'm distributing copyrighted songs on the Internet. I only download songs, so why are they accusing me of distributing?

Be aware that peer-to-peer software products, like Limeware, not only provide the capability to download files from the Internet, but also upload files. Although downloading requires deliberate action on the part of the user, uploading can occur without user prompting, unless he or she has turned off the software's file sharing feature. If you have peer-to-peer file sharing software installed on your computer, you should remove it. (Remember that downloading copyrighted song is illegal, too, if you do so without the permission of the copyright owner.) At the very least, disable your peer-to-peer software's uploading capability. To find out how, visit The University of Chicago's website.

I received a copyright violation notice and I need to delete a copyrighted file from my computer. Where do I find it on my machine?

To look for specific files, Windows users should click on Start, then Search, then Find Files and Folders, and key in the file name. Mac users should click on Find... from the File menu of the Finder. If you need help, you can contact the ITC Help Desk at 4-3731.

I've heard that sharing files from my computer can be a security risk. Is that true?

You bet it can! Running peer-to-peer file sharing applications like KaZaA and Gnutella can open the door for criminals to gain access to the private contents of your computer or use it to attack other machines on the network. Find out more on our Security Alert page.

© 2009 by the Rector and Visitors of the University of Virginia.

The information contained on the University of Virginia’s Department of Information Technology and Communication (ITC) website is provided as a public service with the understanding that ITC makes no representations or warranties, either expressed or implied, concerning the accuracy, completeness, reliability or suitability of the information, including warrantees of title, non-infringement of copyright or patent rights of others. These pages are expected to represent the University of Virginia community and the State of Virginia in a professional manner in accordance with the University of Virginia’s Computing Policies.