File Sharing FAQ

File sharing is the practice of distributing or providing access to digitally stored information over a network connection.

What is file sharing?
It is the practice of distributing or providing access to digitally stored information (audio, video, electronic books, computer programs, documents, pictures, etc.) over a network connection, whether the network is secure or unsecure, public or private. File sharing is illegal if you share copyrighted materials without the permission of the copyright owner.

What is copyright infringement?
It occurs when you download or share copyrighted materials like music, movies, games, images, MP3's, software on the Internet without consent of the copyright owner. Copyright law applies to a wide variety of works, and covers much more than is listed above. If you are in doubt about a particular work, assume that it is copyrighted.

What is downloading?
It is the process of receiving or accepting files from a remote server, system or Web site.

What is uploading?
It is the process of sending files from your computer system to a remote server, system or Web site.

What is P2P software?
P2P or Peer-to-Peer software allows individual computer systems to connect to each other over the Internet or network to share files.

Are there risks to running P2P software on my computer?
Yes, you not only put your computer at risk but you put the North Central campus network at risk. P2P software is an open door between your computer, the Internet, and anyone who wants access to the files you have available to share. Your computer is then vulnerable to viruses, you provide access for possible identity theft and the opportunity for malicious hackers to use your computer to attack other computers on the network.

How can I determine if a work is copyrighted?
Every audio, visual or written work has copyright protection unless that protection has expired or the creator places it in the public domain. The work does not have to have a copyright notice or a copyright symbol to be protected by copyright. If you cannot determine whether or not a work is copyrighted assume that it is copyrighted.

How can I use a copyrighted work legally?
You may use all or part of a copyrighted work only if you (a) have the copyright owner's permission, or (b) qualify for a legal exception that is called "Fair Use." When seeking permission to use a copyrighted work, be specific about your intended use. State your role in using the work, the medium or media in which the copyrighted work will be used, how many times and in what way the copyrighted work will be used, how many people will see the work, whether or not it being used for profit; and how the work will be distributed.

After I obtain permission to use something, can I use it for anything?
Not necessarily. Permission to use copyrighted works is usually granted on a one-time basis for a specific use. Permission for one specific use is restricted to that one use. Further permission must be obtained to make broader or additional use of a work.

Is it illegal to download or share a TV show even if it was aired for free?
Unless you have explicit permission from the copyright holder, you cannot reproduce it (download or copy) or distribute (share) it.

Everyone breaks the rules, how can you punish just one person?
Illegal possession and distribution of copyrighted materials carry stiff penalties. It is against the law. Just because the government cannot administer punishment equally, does not mean that they cannot administer them at all. As with speeding tickets, "everyone else was doing it" will not satisfy a law enforcement or provide an excuse for illegal behavior.

Pleading ignorance of these rules or applicable laws is equally useless in an enforcement situation, so educate yourself before you decide to break a law. Realize that violating a copyright is a significant risk that you may regret.

MP3 files are okay to copy as long as I delete them when I am finished. I don't download the files myself; I play them off my friend's disk that I've mounted over the network.
It does not matter how long you keep MP3 files or how they get to your computer. It is still wrong and you could still be caught with them on your computer or with logs that showed that you accessed them.

What I do in my room or office on my computer is my own business.
Not if it is illegal or against College policy. Your computer is connected to a College supplied network, which is in turn connected to the Internet. When law enforcement agencies confiscate computers illegally distributing copyrighted material they also go through the logs. These and other legally obtained file transfer logs can lead back to your computer.

I copy movie clips and since they are only a part of the movie it is okay.

I am a radio major so my downloading a music files is educational.
There are movie trailers, which are intended by the studio to be distributed on the Internet but come with some restrictions. Even a single frame of a movie, used in the wrong way could result in a copyright violation and conviction. Where there may be a small set of circumstances where fair use would apply, you might find yourself in the position of having to document that your use is in compliance with the law. If there are specific pieces of multimedia you feel you need to use for educational purposes, you should check the Fair use provision of the U.S. Copyright law before making the media available on the network.

What is wrong with MP3 directories?
Services such as MP3.COM serve MP3 music in compliance with copyright rules. Services such as AIMSTER make no attempt to verify much of the music listed in its directories-putting you at risk if you download material through their catalog. Napster.com, cuteftp.com, and Audio Galaxy provide you with clients that actually turn your computer into a server. Therefore, the entire world can see MP3 files on your computer (with some limits on access by some clients). Because of this, you are engaging in illegal trafficking in copyrighted materials and the RIAA through NETPD has the capability to look at these files on your computer and collect evidence against you. To avoid this problem, make sure that you understand the applications that are installed on your computer.

I love the Chicago bears. I see a great photo on Sports Illustrated that I would like to be the wallpaper on my PC.
The photo is probably copyrighted, so it would violate the law to use that photo unless you get written permission from the owner.