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Copyright Infringement on the UF Network

Presented by the University of Florida Office of Student Conduct and Conflict Resolution

What is the law? Examples of easy ways you could violate the law:

 Somebody e-mails you a copy of a copyrighted song and then you turn around and e- mail copies to all of your friends.

 You make an MP3 copy of a song because the CD you bought expressly permits you to do so. But then you put your MP3 copy on the Internet, using a file- network, so that millions of other people can download it.

 Even if you don’t illegally offer recordings to others, you join a file-sharing network and download unauthorized copies of all the copyrighted you want for free from the computers of other network members.

 In order to gain access to copyrighted music on the computers of other network members, you pay a fee to join a file-sharing network that isn’t authorized to distribute or make copies of copyrighted music. Then you download unauthorized copies of all the music you want.

 You have a computer with a CD burner, which you use to burn copies of music you have downloaded onto writable CDs for all of your friends.

www.musicunited.org What is illegal , exactly?

 Using a peer-to-peer file sharing application to download music, , or other sound recordings for free.  Having a peer-to-peer file sharing application running on your computer that has been sharing files with others, making those files available to other users for downloading.  Often, students may be unaware that they are making these files available to others for downloading, but the nature of peer-to-peer applications is that they allow users to download bits of files from other users who are connected and have those files stored on their computers.  Examples of peer-to-peer applications include programs like “UTorrent,” “,” “Limewire,” “,” etc. What are the penalties?

Do The Crime, Do The Time

 If you do not have legal permission, and you go ahead and copy or distribute copyrighted music anyway, you can be prosecuted in criminal court and/or sued for damages in civil court.

 Criminal penalties for first-time offenders can be as high as five years in prison and $250,000 in fines.

 Civil penalties can run into many thousands of dollars in damages and legal fees. The minimum penalty is $750 per song.

www.musicunited.org Who is the RIAA?

 The Recording Industry Association of America

 The trade group that represents the U.S. recording industry. Its mission is to foster a business and legal climate that supports and promotes our members' creative and financial vitality.

 Its members are the record companies that comprise the most vibrant national music industry in the world. RIAA® members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the .

 The RIAA® also certifies Gold®, Platinum®, Multi-Platinum™, and Diamond sales awards.

How does UF get involved?

 RIAA Continues College Deterrence Campaign Into 2008 18 Schools Receive Pre-Lawsuit Letters in First Wave this Year (Jan 10, 2008)

“WASHINGTON – The Recording Industry Association of America (RIAA), on behalf of the major record companies, this week sent a new wave of 407 pre-litigation settlement letters to 18 universities nationwide as part of an ongoing campaign against online music theft. The letters reflect evidence of significant abuse of campus computer networks for the purpose of infringement.” -http://www.riaa.com/newsitem.php?id=36720A8F-FF55-2886-C2A2-EAB629C662BD How does UF get involved?  Schools that received letters (in one week): Arizona State University (33 pre-litigation settlement letters) Bowdoin College (11), California State University, Monterey Bay (25) College of William and Mary (15) Stanford University Duke University (16) Massachusetts Institute of Technology (19) Mount Holyoke College (15) Rhode Island College (22) Saint Mary's College of Minnesota (13) Stanford University (15) Texas Christian University (14) University of California, Berkeley (26) University of California, Los Angeles (26) University of Connecticut (25) University of Iowa (24) University of Nebraska-Lincoln (22) University of Texas at Austin (50) Virginia Polytechnic Institute & State University (36).

How does UF get involved?

 “The legal process continues to provide students the opportunity to resolve copyright infringement claims against them at a discounted rate before a formal lawsuit… is filed. Each pre-litigation settlement letter informs the school of a forthcoming copyright infringement suit against one of its students or personnel. The letter requests that university administrators forward the letter to the appropriate network user to allow the individuals the opportunity to promptly resolve the matter and avoid a lawsuit.” -http://www.riaa.com/newsitem.php?id=36720A8F-FF55-2886-C2A2-EAB629C662BD

 Students Sued for Illegal Downloading by Rachel Pohl '11

“This past year, thirteen Mount Holyoke College students were caught downloading music illegally; they were sued and required to pay a $3000 settlement fee per student. Mount Holyoke is not the only school that was caught however. Rather, it was one of the 18 schools named in the RIAA's first attack as part of the Warner Music and BMG campaign to use education to promote proper copyright enforcement. The RIAA has filed lawsuits against students at schools such as Princeton University, Amherst College, and UMass all for the same crime. While suing students for illegal downloading is a relatively new concept— the first RIAA took place in 2004—legal action against downloader's is becoming more and more common.”

Review these links:  http://riaa.com/physicalpiracy.php?content_sel ector=What-is-Online-Piracy  http://riaa.com/physicalpiracy.php?content_sel ector=piracy_details_online  http://riaa.com/physicalpiracy.php?content_sel ector=piracy-online-scope-of-the-problem  http://riaa.com/physicalpiracy.php?content_sel ector=piracy-online-why-we-do-what-we-do  http://riaa.com/physicalpiracy.php?content_sel ector=piracy_online_the_law Some final thoughts

 A 2006 survey by “Student Monitor” revealed that more than half of college students download music and movies illegally. According to market research firm, “NPD,” college students alone accounted for more than 1.3 billion illegal music downloads in 2006.

According to non-profit research group Institute for Policy Innovation, global theft of sound recordings cost the U.S. economy $12.5 billion in lost revenue and more than 71,000 jobs and $2 billion in wages to U.S. workers per year.

-http://www.riaa.com/newsitem.php?id=36720A8F-FF55-2886-C2A2-EAB629C662BD Legal Online Music Sources

Amazon.com MP3.com Apple's iTunes Music Store Music Millennium Artist Direct Music Rebellion AudioCandy BestBuy Passalong BET Pro-Music BuyMusic.com RasputinMusic Catsmusic RealNetworks' Rhapsody CD Baby Record and Tape Trader Circuit City Rolling Stone Dimples Music Ruckus Electric Fetus Sam Goody Emusic Spinner FYE Spiral Frog Gallery of Sound Tower Records Wal-Mart iMesh Windows Media Independent Record Yahoo Music Latin Noise Zune

www.musicunited .org