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Unauthorized Peer-to-Peer File Sharing

Policy
Purpose: 

Unauthorized peer-to-peer file sharing of copyrighted material, distribution of others’ copyrighted works and illegal downloading violate federal copyright law. The following information is provided so that students and employees in the university community can avoid violating the law. Federal copyright law (Title 17 of the United States Code) gives copyright protection to original works of authorship fixed in any tangible medium of expression. Subject to limited exceptions, owners of the copyright in a work have exclusive rights to:

  • reproduce, photocopy, or make an electronic copy of the copyrighted work
  • prepare derivative works based upon the copyrighted work
  • distribute copies of the work to the public by sale, transfer or lending
  • perform or display the work publicly

Even if no formal copyright notice is attached, written text, music, movies, digital images, and computer software are some examples of intellectual property protected by copyright. The same legal protections for copyrighted works exist in an electronic environment as they do in a paper environment.

Applies to: 

All faculty, staff, and students of the University of Kansas.

Campus: 
Lawrence
Edwards
Parsons
Juniper Gardens
Yoder
Topeka
Policy Statement: 

Penalties for Illegal Copyright Infringement

Making or distributing an electronic copy of a copyrighted work by any means constitutes reproduction of the work, and illegal copying may subject students and others who engage in copyright infringement to significant civil and criminal penalties, including:

  • Civil penalties of actual damages suffered by the copyright owner from the infringement, or
  • Civil penalties of statutory damages of up to $30,000.
  • Civil penalties for willful infringement of up to $150,000, and
  • Criminal penalties for willful criminal infringement from 1 to 5 years of imprisonment and fines of up to $25,000 for a first offense.

The University uses a variety of technology-based deterrents to prevent or reduce unauthorized file-sharing, including traffic monitoring to identify large bandwidth users, bandwidth shaping, and commercial products to detect and monitor illegal file-sharing. To the extent practicable, the University offers technological alternatives to illegal downloading and peer-to-peer distribution of intellectual property, but this does not relieve students or employees of their responsibility to monitor their own use and conduct.

The University accepts and responds to Digital Millennium Copyright Act (DMCA) notices. Upon receipt of a DMCA notice from a business that has traced unauthorized use of its copyrighted materials back to University servers, the University detects the user at the particular University electronic address indicated, examines the activity at that address, and contacts the individual. Until the situation has been corrected, the user’s access to the Internet and to University electronic information resources is disabled. Sanctions can include continued deactivation of the user’s access for a specified period of time, in addition to University disciplinary action.

Students who engage in illegal downloading or unauthorized file sharing of copyrighted materials, including distribution of music and movies to others through the University’s information technology system, will be contacted by the Office of the Vice Provost of Student Affairs and are subject to disciplinary sanctions under the Student Code of Rights and Responsibilities, including suspension and dismissal from the University. Employees who engage in unauthorized downloading or file sharing of copyrighted works will be contacted through their unit administrators and will be subject to appropriate disciplinary action by the University.

While the University takes disciplinary action against those who violate copyright law and employs a variety of technology-based deterrents to foil such illegal acts, each member of the University community is responsible for complying with laws and University policies of use of electronic resources and intellectual property.

Questions regarding this notice may be directed to the Office of the Vice Provost for Information Services, Office of the Vice Provost for Student Student Affairs, or the Department of Human Resources.

Contact: 

Vice Provost for Administration & Finance
1450 Jayhawk Blvd.
Strong Hall, Room 250
Lawrence, KS 66045
785-864-4904
provost@ku.edu

Office of the Vice Provost for Student Affairs
1450 Jayhawk Blvd.
Strong Hall, Room 133
Lawrence, KS 66045
785-864-4060

Department of Human Resources
1246 W. Campus Road, Room 103
Lawrence, KS 66045
785-864-4946
hrdept@ku.edu

Approved by: 
Provost and Executive Vice Chancellor
Approved on: 
Wednesday, February 17, 2010
Effective on: 
Thursday, February 18, 2010
Review Cycle: 
Annual (As Needed)
Keywords: 
File sharing, copyright infringement
Review, Approval & Change History: 

01/05/2015: Minor correction to Review, Approval & Change History.

11/03/2014: Fixed broken links; policy formatting cleanup (e.g., bolding, spacing).

08/03/2012: Updated contact information to reflect recent departmental name changes.

02/17/2010: The University of Kansas, Lawrence, has adopted this policy in compliance with the Higher Education Opportunity Act, as amended by the Higher Education Act Reauthorization, August 2008 [20 USC 1092(a)(1)(P); 34 CFR 668.14(b)(30)].

Information Access & Technology Categories: 
Information Technology
Privacy & Security
Personnel: Faculty/Academic Staff Categories: 
Workplace Rules & Guidelines
Personnel: Staff Categories: 
Workplace Rules & Guidelines
Personnel: Student Employees Categories: 
Workplace Rules & Guidelines

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