I. Purpose
of Policy
This document is intended
for use by any member of the Howard University community who is considering
using internet-based resources to access, share, or provide information.
This document contains the policy and procedures for downloading
and using music and/or video files in MP3 format on Internet servers maintained
by Howard University. The intent is to raise awareness on the illegal usage
of MP3 so as to maximize the value of the Internet as a means of communicating
with the University's
internal
and
external
publics.
II. Campus Policy
on MP3
Howard University policy
prohibits the distribution of unauthorized MP3's. The University is subject
to legislation, and inspection of its servers and sites by such groups
as the RIAA (Recording Industry Association of America). These groups
are authorized to act on behalf of their member companies in matters
involving the infringement of their sound recordings, including enforcing
their copyrights and common law right on the Internet.
Users found distributing
or storing MP3's on university servers and shares may be subject to disciplinary
action as stated in the University Computer Use Policy. The person could
also face criminal charges, state or federal, due to infringing activity
on state-owned servers and workstations.
If someone is found
liable to copyright infringement, federal law provides for civil remedies
that may include substantial monetary payment, injunctive relief and
liability for attorney's fee incurred in bringing an action. Criminal
penalties may be imposed if someone willfully infringes a copyrighted
work, even if no profit is derived from the activity. This type of crime
is punishable by up to five years imprisonment, up to $250,000 in fines,
or both.
III. General Information
What are MP3's?
The MPEG
Layer-3 Audio format, commonly known as MP3 is a file format used for storing
sound digitally. These MP3's can be stored on computer hard drives,
ZIP disks, some floppy disks, and other storage mediums. The MP3 format
is so popular because of its ability to store large sound recordings in extremely
small files. Because of their manageable size, MP3's are easily distributed
over the Internet.
The Problem with MP3
Unless an individual is the owner of the copyright to the words, the music
and the actual performance that is on Cassette Tape, CD, DVD, MP3 (or any
other format), he/she will not be able to distribute the product for free,
for fun,
or for profit. This means loading a music collection onto a computer, and
letting others have access to it, is probably illegal.
Music web sites are the latest rage among college students across the country.
Many of these music sites have been created by students and made available
to the public through their universities' access to the Internet. Most of
these sites are also illegal, because they violate federal and/or state copyright
laws. The consequences for administering or interacting with these sites
can
be severe.
On the Internet, copyright laws remain the same. Reproductions or distributions
of sound recordings, which have not been authorized by the copyright owner,
violate federal and, possibly state law. While there is an exception for
copying for personal use onto cassette tapes and some digital media, that exception
does not apply to the Internet. This means that, as a general rule, downloading,
uploading or otherwise distributing MP3's without authorization is illegal.
This law applies even if no profit is derived from the activity.
What is a copyright?
A Copyright is the means for artists, writers, and musicians to protect their
work and the profits that might be generated from their work. Copyright laws
control the reproduction, distribution, adaptation, and, in some cases, the
public display and performance of creative works. These laws are the basis
for protecting the ownership of creative works of music, art, and literacy
or scholarly work. In other words, copyright law says that the owner of the
copyright controls these uses of the work.
In recorded music, copyrights protect
songwriters, composers and performers. For any given recording there are
at least TWO copyrighted works involved.
First, there's the copyright in the musical work (the lyrics and musical
notes as they are written on paper). The songwriter or music publisher normally
owns
this copyright. The second is the copyright in the sound recording (a recording
of a performer singing or playing their particular song). This copyright
is usually owned by the record company.
The only LEGAL way to reproduce
a piece of recorded music -- uploading, downloading, copying from a CD, etc.
- is
to get permission from the owners of these different
copyrights. This is called obtaining a "license".
Rules Associated with
MP3's
- Creating unauthorized
MP3 sites by copying sound recordings to a server and/or offering such recordings
for download is a violation of
copyright
law.
- Creating tapes or CDs of recordings downloaded from the Internet
is a violation of copyright law.
- Offering interactive digital transmissions (such
as web pages, FTP sites, etc.) of sound recordings, and in some
cases, Web casts requires
licensing,
but is otherwise illegal.
The RIAA and the Recording Industry
The Recording Industry Association of America, or RIAA, is the trade group
that represents the companies and people in the recording industry. The RIAA
works to protect the intellectual property rights and the First Amendment
rights of artists. It conducts consumer, industry and technician research;
and monitors,
reviews and influences state and federal laws, regulations and policies.
The RIAA has been very active in instructing schools and universities in such
policy
creation. The purpose of the RIAA is to raise awareness that reproducing
and distributing music illegally is akin to stealing, and has serious ethical
and
legal consequences.
The RIAA is committed to getting music to fans while protecting
the democratic principles in the new world of changing technology. This is
being done through
the SOUNDBYTING Campaign, in the education of universities and students about
respecting the rights of musicians on the Internet.
Additional
Information
To find more
information and resources on the preceding documentation, feel free to
visit the following sites:
III. Appeals
Appeals regarding
any of the guidelines in this policy may be made to the Web Policy
Advisory Committee.
IV. Policy
Review
This policy will
be reviewed as needed, at least annually, by the Web Policy Advisory
Committee.
VIII. Revisions
- Original - March 18, 2004
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