Copyright Frequently Asked Questions (FAQ)

Below is a list of some frequently asked questions about digital copyright issues on the MIT network. Peer-to-peer (P2P) software and copyright infringement are often linked together. This page contains primarily answers to questions regarding DMCA notices (takedown notices) and copyright infringement involving digital files.

To learn more about copyright issues at MIT go to: Copyright at MIT.

Or visit P2P Frequently Asked Questions for answers to questions on P2P file sharing software and how it relates to copyright infringement.

FAQ Sections

Copyright Law

• Q: What is the DMCA (Digital Millennium Copyright Act)?
  A: DMCA is legislation enacted by the United States Congress in October 1998 that made major changes to the US Copyright Act. These changes were necessary in part to bring US Copyright law into compliance with the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances Phonograms Treaty. The DMCA also strengthened the legal protection of intellectual property rights in the wake of emerging new information communication technologies, i.e., the Internet.

• Q: What is the No Electronic Theft (NET) Act?
  A: A federal law passed in 1997 provides for criminal prosecution of individuals who engage in copyright infringement, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be 5 years in prison and up to $250,000 in fines.

Understanding Copyright and File Sharing

• Q: What is the big issue with copyright and file sharing?
  A: Many music, games, and videos downloaded through peer-to-peer (P2P) file-sharing programs fall into the category of copyright infringement. That is, the people downloading the files do not have the permission of the copyright owner to do so. In addition, file-sharing programs do not determine whether requests for media files are for copyright-licensed or freely-sharable materials. This means that if you copy music to your computer from a CD you purchased and are signed on to a peer-to-peer service with file-sharing enabled, you are making the copyrighted music you purchased available to others. YOU are distributing copyrighted material and the copyright owner can hold you liable for a copyright violation.
  
  The Digital Millennium Copyright Act (see Copyright Law above) makes it a crime to create, sell, or distribute software or other devices that can be used to illegally copy software. It also protects Internet Service Providers (ISPs) from liability for the transmission of infringing copyrighted materials if the ISP takes certain steps to notify the alleged infringer, and requires the ISPs to remove the infringing materials.

• Q: Why are universities getting so many of the DMCA notices?
  A: Copyright owners can hire agents to scan university networks for copyrighted materials that are available to others including from computer systems on our network. MIT receives many notices from these organizations alleging copyright infringement. They focus on college campuses because of the high level of file-sharing activity. MIT is an ISP for many at the Institute who use campus network services such as MITnet.

• Q: How do I know if I have permission to distribute or share a copyrighted file?
  A: For your own protection, you should assume that you do not have permission to download or distribute a file unless you have proof to the contrary. Check the Web sites of the musicians, record company, software company or movie studio involved to see if they allow distribution of their materials in this manner. When you purchase music, movies, games, etc., read the license carefully to learn if you have permission to convert the material to other formats for your own use, and whether or not you can share the material with others.

• Q: How do I know if it's protected by copyright?
  A: Unless you personally created a file, or you have received permission (in writing) from the copyright holder to distribute that file, it's probably protected by copyright and thus illegal to share. While copyright does not last forever, works published after January 1, 1978 are protected by copyright for the life of the author plus 70 years.

• Q: I bought it, why can't I share it?
  A: Purchasing a work (e.g., a song or a movie) gives the purchaser the right to view, listen to, or play the work but does not allow for the distribution of that work. In short, if you "rip" your CDs to your computer, take steps to ensure that they are not being shared.

• Q: Isn't sending my friend a music file from a CD I already own just like loaning her the physical CD?
  A: No. Loaning someone your CD or even selling (but not renting) it is protected by U.S. copyright law since no additional copies are being made. However, when you send a music file to someone else, you retain your copy and an additional copy is made. This copying may violate the exclusive rights of copyright holders.

• Q: If I only download songs, am I still at risk?
  A: Yes. The MP3 format (the usual format for songs) is not illegal but many MP3 files are available through file sharing software where illegal copies are being distributed by users who do not have permission to share them. When you download a copy of one of these illegally distributed files to your own computer, even if you download just one song, you are committing an illegal action. In addition, purchasing a music CD generally does not give you the right to distribute or share the songs on it.

• Q: Does the DMCA make the use of peer-to-peer services illegal?
  A: It is not against the law or campus policies to use peer-to-peer file-sharing programs or to swap materials that are not copyright-protected. It is, however, against the rules to download and/or distribute copyright-protected material. If you are using a peer-to-peer file-sharing program, make sure that you are not "serving" copyright-protected materials to the world.
  
  Most file-sharing programs have worldwide file sharing turned on by default when they are installed. If you have copyright-protected materials on your computer, you need to disable file sharing so that the programs are no longer serving these materials from your computer. For information on disabling file sharing for the most popular P2P clients, visit The University of Chicago website.

What IS Permitted

• Q: I downloaded files through a legal site (such as abc.com) on the internet that allows downloading of movies, tv shows and songs. If I am not sharing files, is it ok to keep these on my computer?
  A: Yes. As long as you are using these files for personal use and are not sharing them on a network, it is not illegal to have these files.

• Q: Am I allowed to make a backup copy of my software?
  A: Yes, but only for specifically authorized archival purposes, as specified in 17 U.S.C. §117(2). This does not authorize sharing or selling of backup copies. The rule allows transfer to another person only with the explicit authorization of the copyright owner and only if he original copy is transferred. Backups for individual use and those considered "an essential step" in using the software with an individual's computer are also authorized.

• Q: What are some of the exceptions to copyright for educational purposes?
  A: Specific provisions in the Copyright Act for the use of copyright-protected materials by academic institutions, include: Section 107 on fair use, Section 108 on library reproduction and archiving, Section 109 on first sale, and Section 110 on classroom performance and display.

• Q: How do I access digital music and movies legally?
  A: There are many online services that allow for legal downloading of music. Some examples are iTunes, Napster, Rhapsody, plus many independent distributors. Legal alternatives for downloading music and movies can be found on the Educause site. MIT does not recommend or endorse any one of these services over another.

• Q: What should I know about purchasing songs and movies online?
  A: Each song or movie available online is referred to as a "digital file." Each digital file should be considered copyrighted content unless you have proof to the contrary. Thus, once you have the software to play the files, you then have to pay for or obtain permission to play any music or movies using that software.
  
  The software needed to play the file is like a CD or DVD player. You buy the player separately from the CDs or DVDs, which you are responsible for legally obtaining. Getting media files online is like buying CDs or DVDs from a department store. As a consumer, it is your responsibility to determine whether the store is a reputable one selling a legal version of the media.

• Q: How do I know which online music and movie selling/distributing services are legal or legitimate?
  A: When evaluating Internet services to decide if they provide legal music and movie files, look for statements that they have obtained the copyright permission of the artists or company representing the artists. If you don't see this information, be suspicious; send a message to the providers asking if they have obtained permission from the copyright holder to sell or distribute these files.
  
  Note: Some Internet services (such as KaZaA and mp5networks) claim to provide unlimited downloading of files using their legal programs. While this statement is true, it is misleading. Although having a program such as KaZaA is completely legal, if you read carefully you will find that the subscription fee you pay is for program support and ad-free searching only. This does not give you legal permission to download and share any file available, even if the software makes it easy to do so. It is ultimately your responsibility to ensure that the files you are downloading and sharing are legal copies. If you want to purchase access to songs or movies, you must find a service that has negotiated copyright agreements with the companies representing the artists.

• Q: How can I get permission to reuse copyrighted materials?
  A: If you would like to reuse copyrighted material in print and digital formats, you must ordinarily first obtain permission from the rights holder. You can either contact the owners of the copyrighted materials directly or obtain permission from a licensing representative such as Copyright Clearance Center.

DMCA Notices (Takedown Notices)

More information on DMCA notices can also be found on the Copyright at MIT website.

• Q: How can copyright holders see what I'm sharing?
  A: Copyright holders have access to the same tools as you. P2P users can see the names of files, can access those files and find the IP address of the host sharing those files. This is all the information copyright holders need to serve notice to ISPs in violation. MIT uses the IP address of the host to identify the user registered to the machine involved. MIT does not disclose the user's identity to the copyright holders or their agents.

• Q: What should I do if I have received a notice from MIT about copyright infringement?
  A: If this is the first notice you have received, read the attached original notice which indicates the files that are causing the infringement. If you own the computer and have the files mentioned in the notice, you should follow the recommended actions which includes destroying the items cited, discontinuing sharing of copyrighted work you have no permission to redistribute, and replying to the MIT DMCA agent to explain the steps you've taken. Further details about responding to these notices can be found on the Copyright at MIT website.

• Q: After I've taken the steps listed in the notice, is there anything else I should do?
  A: We recommend you learn what constitutes copyright infringement so that you do not receive anymore notices. We also suggest that your file sharing program be set to not share files on your computer. If you are sharing files, make sure you have permission from the copyright holder to do so.

• Q: What if someone else uses my machine to share copyrighted materials?
  A: You are responsible for your computer and all activity that takes place on it. Be wary when lending your computer to others. You should also take necessary steps to ensure your operating system has a strong password and the latest updates, patches, and virus software to best protect it from unwanted intruders.

• Q: What should I do if I believe a mistake has been made?
  A: If you believe a mistake has been made in identifying your IP address or the material listed in the notice, first use your computer's search files function to search your system for the file names. If they are not there, let the DMCA agent know that no files could be found. Or if you have the files and have documented permission to use the files in question, supply this information to the DMCA agent.

• Q: I no longer own the computer where the files are located. Am I still responsible?
  A: You are not responsible for the infringement. However, because IS&T will locate the user based on recent network registration records, you should make sure that the computer in question is no longer registered to you. To de-register a computer, either contact the IS&T Service Desk or make the change using the Host Support Functions. Steps on how to de-register a computer so that your name is no longer associated with it.

• Q: What should I do if this is my computer, but I wasn't using the computer at the time the infringement took place?
  A: Use the computer's search files function to search your system for the file names to see if the files were placed there without your knowledge. Even if you were not the person who placed the files there, you must remove the files per the DMCA's request. Please include that information in your response to the DMCA agent.

• Q: What happens if I receive more than one notice?
  A: This may depend on how the notices were sent. Multiple notices sent all on one day or within days of each other do not necessarily represent a repeat offense. The notices are likely referring to infringement incidents that occurred around the same time or involving the same file. To determine if someone needs to follow up with a student or employee at MIT regarding repeat infringement, incidents are periodically reviewed by the appropriate areas.

Policies, Liabilities or Penalties

• Q: What are MIT's policies regarding copyrights?
  A: MIT has policies and rules in place with respect to copyrighted material, as stated on the Copyright at MIT website.

• Q: What are the penalties for copyright infringement, such as making infringing copies of software?
  A: Under federal copyright law, the civil penalties for copyright infringement can be severe, including substantial monetary damages, injunctive relief, and liability for attorneys' fees incurred in prosecuting a case. Civil and criminal liabilities are listed on the Copyright at MIT website.

• Q: I didn't know that what I was doing could be illegal. Am I off the hook?
  A: No. Copyright infringement actions do not require that you actually knew that the files were protected by copyright or that your use of the files violated federal law. Claims of ignorance cannot be used as a defense to direct copyright infringement. Lack of knowledge, is, however, a defense to contributory infringement.