Frequently Asked Questions
Q: What is copyrighted material?
Copyrighted material that is illegally distributed over the Internet can take many forms including, but not limited to, the following:
- Music: may take the form of MP3s or WAV files either ripped (or copied) from CDs or downloaded and redistributed without permission.
- Movies or Television Shows which have been recorded and digitized ripped (or copied) from DVDs, DVRs or TV Cards.
- Written works: may take the form of eBooks, PDFs, or HTML pages distributed without permission.
- Photographs: includes graphics copied from other web sites.
- Software: includes software applications such as games, operating systems, applications that were not purchased by you and have no valid license.
Q: How are copyrighted material distributed illegally?
Copyrighted material is illegally distributed over the Internet by several methods including, but not limited to, the following:
- Peer-to-peer (P2P) software: consists of many computers connected in a network for uploading and downloading files; these networks use software like BitTorrent, AresWarez, BitComet, Morpheus, DirectConnect, Limewire and many more. FTP (file transfer protocol): consists of one computer serving files to its clients on a continual basis.
- IRC (internet relay chat): a form of real-time internet chat through which users can create file servers that allow them to share files with others.
Q: How can a copyright holder find out if I have copyrighted materials on my computer?
Copyright holders can search the Internet to determine whether copyrighted material is being illegally distributed. They often search with the same peer-to-peer software (KaZaA, Bit Torrent, mIRC, AresWarez etc.) used by those who share files. To avoid any problems, make sure that you are not making any files available for download that you do not have permission from the copyright owner to share. The simplest way to comply with this is to delete the files or to turn off/uninstall any file sharing software you have on your computer.
When an infringing file is found, a copyright infringement notice is issued to the network provider from which the file was transmitted. Many users sharing illegal files are under the false assumption that by not providing any personal information, or providing false information, there is some anonymity when using these P2P applications. However, any activity on the Internet can be tracked back through your Internet Service Provider to your computer. Kean University, as your Internet Service Provider when you are on campus, will receive these notices, lookup the computer by IP address and forward the warning.
Q: If my computer is found to have copyrighted materials, what steps can the copyright holder take against me?
Copyright owners can file civil suits to recover damages and costs. In many cases, statutory damages of up to $30,000, or up to $150,000 for willful infringement, may be awarded even if there is no proof of actual damages. In addition, in certain cases of willful infringement, the government can file criminal charges, which can result in substantial fines and imprisonment. Use of an academic network does not provide immunity from copyright law, nor can Kean protect its students, faculty, or staff from criminal investigations or lawsuits relating to their personal actions.
Q: How does illegally distributed material, or sharing that material, affect me?
Illegal file sharing affects every user on the Kean University network. If you are on the University's network either in an office, in a residence hall, in a public lab, or a visitor to our network from off-campus, you can experience the affects of slower Internet speed resulting from illegal file sharing. Most file sharing software also comes bundled with malware such as spyware or adware. Sometimes this malware remains installed on the system even if the original file sharing software is removed, and can be very difficult to eliminate. In many cases such malware can interfere with the correct operation of web browsers, anti-virus and anti-spyware software, software firewalls and can cause degraded performance on affected systems. If you are faculty, staff, or a student using the University network and you are distributing files illegally you may experience:
- Increased virus attacks against your computer. Spyware installed on your computer without your knowledge. (Especially if using P2P software)
- Potential lawsuits.
Q: How do I prevent potential copyright problems?
Do not share copyrighted material and uninstall any file sharing software on your computer. If you never install a peer-to-peer program, you will dramatically reduce the chances of your computer being infected by a virus, installing spyware, or being sued.
Q: Is it legal to download or store copyrighted materials on my computer?
Generally, you are infringing copyright if you download or share copyrighted materials on your computer without the permission of the copyright owner, unless fair use or another exemption under copyright law applies. Most downloading over the Internet of commercially available copyrighted works, such as music or movies, through file sharing systems is illegal.
If you purchase/download music, movies or other copyrighted material legally, via iTunes or other legal sites, you are well within your rights unless you then share that material with others who have not paid for it. That would be a copyright violation.
Q: Where can I download legally?
A number of services exist where you can legally download music, software, television shows and movies.
- iTunes, from Apple (Music, TV, Movies, Audio Books)
- Napster (Music)
- Sony Connect (Music)
- WalMart (Music)
- Yahoo (Music)
- MSN (Music)
- CinemaNow (Movies)
- Audible.com (Audio Books)
- Google Video (Movies and TV)
You can now also watch many television shows and other video free at the following sites:
- ABC (Many full episodes of ABC shows)
- CBS Innertube (Many full episodes of CBS shows)
- NBC Universal (Many full episodes of NBC shows)
- Google Video
- YouTube
Frequently Asked Questions borrowed from Rowan University Technology Toolbox: http://www.rowan.edu/toolbox/policies/dmca/index.html