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  Security Home  >   Advice  >  Digital Copyright


Compliance With Legal Requirements (ISO § 15.1)

Links to resources below are provided to assist BGSU students, faculty, and staff in assessing the impact of statutory and regulatory requirements on the University.

BGSU Copyright Policy - includes online tutorial for instructional purposes.

Fair Use

Fair Use Guidelines for Educational Multimedia - University of Texas System

Digital Millennium Copyright Act (DMCA)

DMCA prohibits unauthorized access to a copyrighted work and includes measures to prevent unauthorized copying of the protected work in digital form.

Stealing Music Is Against the Law
If you make unauthorized copies of copyrighted music recordings, you’re stealing. You’re breaking the law, and you could be held legally liable for thousands of dollars in damages.

Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, rental or digital transmission of copyrighted sound recordings. (Title 17, United States Code, Sections 501 and 506). The FBI investigates allegations of criminal copyright infringement and violators will be prosecuted.

Title 17, United States Code, section 501
Title 17, United States Code, section 506

The Penalties Can Be Severe
Criminal penalties for first-time offenders can be as high as five years in prison and $250,000 in fines. Civil penalties can run into many thousands of dollars in damages and legal fees:

-> $500 minimum fine up to $20,000
-> up to $100,000 if court decides it was willful copying
-> up to $250,000 and 5 years imprisonment if willful infringement was for financial gain and commercial advantage

A Copyright Gives the Owner 6 Exclusive Rights
According to Title 17, chapter 1, sec. 106 ...

1. Reproduction right
2. Modification right
3. Distribution Right
4. Public performance right
5. Public display right

6. The Digital Transmission Performance Right

It's Not Just Music
Copyright laws cover many things including sound recordings, images, software, and even text. See Title 17 chapter 1 for more information.

Copyright Laws Can and Do Change With New Technology
In 1976, President Gerald Ford signed the nation's first comprehensive revision of the copyright law since 1909. This law went into effect on January 1, 1978 ( U.S. Code,Title 17 ) and has been amended many times since then to reflect the technological advances that affect the use of copyrighted works.

The Fair Use Clause Does Not Protect You
Even under the Fair Use Clause , you may not...

1. copy to avoid purchase
2. Copy music for any kind of performance
3. Copy without including copyright notice

Issues for Colleges and Universities

NACUA - Copyright, P2P filesharing, DMCA subpoenas
Digital Millennium Copyright Act of 1998
 
Educause - What Universities Need to Know
Educause - Current Issues
Educause - Peer-to-Peer File Sharing Issues
Downloadlegal.org

Bowling Green State University incorporates the ISO/IEC 17799:2005 Code of Practice for Information Security Management. References to ISO section numbers facilitate Plan organization and assessment.
 
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