Daemen Prevents Unauthorized Distribution of Copyrighted Material
Daemen College has a technology deterrent in place that blocks illegal File Sharing including illegal downloading of music, movies, games and programs. The use of downloading programs (including uTorrent, Bit Torrent, limewire, frostwire, etc.) are prohibited and limited by our technology deterrent device.
Daemen responds to any formal legal complaints we receive. Organizations like the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) frequently police file-sharing programs for copyrighted material belonging to the artists they represent. Under the Digital Millennium Copyright Act, Daemen must respond to MPAA and RIAA complaints of copyright violations for sharing movies and music from computers on the Daemen network. In addition to civil action, local campus disciplinary action will be taken against offenders.
Some students are under the impression that their activity on the Internet is largely anonymous, but this is untrue. In fact, almost all your activity on the Internet is traceable.
Daemen File Sharing Notification Procedures
The Daemen File Sharing Notification is emailed to all registered students twice annually at the beginning of the Fall and Spring semesters. The File Sharing Notification is always available in hard copy form in the Office of Information Technology Helpdesk Offices in the Research and Information Commons.
Consequences of Illegal File Sharing
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 affixed 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 attorneys’ 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.
If a complaint of copyright infringement is made against you, you will also face disciplinary action by Daemen College as stated in the Daemen College Handbook. This may include permanent loss of your access to the Daemen College network.
Reviewing the Effectiveness of the Daemen File Sharing Policy
A committee will meet at least once a year to evaluate the effectiveness of the Daemen College File Sharing Policy. The committee members will include, but are not limited to, the Chief Information Officer of the Office of Information Technology, the Network Administrator, and the Systems Administrator.
The evaluation will include assessing the current technology-based deterrents in place, ensuring that we are following best practices compared to other institutions of higher learning, and ensuring that our electronic infringement notices are declining. The committee will also update our recommendations for legal alternatives to illegal downloading.