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File Sharing Notification

Responsible Office/Department:
Student Affairs

Policy Author:
Student Affairs

Effective Date of Policy:
August 17, 2022

Policy Narrative

Daemen University 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.

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. For more information, please see the website of the U.S. Copyright Office at http://www.copyright.gov.

If a complaint of copyright infringement is made against you, you will also face disciplinary action by Daemen University as stated in the Daemen University Handbook. This may include permanent loss of your access to the Daemen University network.

For a hard copy of this document, please visit one of the Computer Support Supervisors located in the Research and Information Commons or in the Business Building Computer Lab. To ask questions about copyright violations, email computing@daemen.edu or visit daemen.edu/filesharingpolicy.

Purpose for Policy

To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen University Community members feel safe, valued, and respected.

This policy’s virtual location ishttps://www.daemen.edu/student-life/student-affairs/student-handbook/section-5-general-university-policies

Updated on September 8, 2022

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