2:41 p.m., Oct. 13, 2009----When you hear copyright law mentioned on a college campus during National Cyber Security Awareness Month, you expect to hear about the dangers of illegally downloading digital media.

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“The security issues tied to illegal downloading are well-documented,” Scott Sweren, the University's information security officer, said. “Using peer-to-peer file-sharing software can expose your computer to attack by others and can expose you and the University to potential lawsuits from copyright holders.”

Sweren added that, under the Higher Education Opportunity Act (HEOA), the University is obligated not just to respond to notices from copyright owners about suspected violations, but also to educate the campus community about following U.S. copyright law.

“When people hear about a student at another school receiving a $675,000 judgment for illegally sharing music, they remember the negative message,” he said. “The positive message is that the University publicizes legal methods of using copyrighted material and has signed several agreements to extend campus use of copyrighted material.”

According to Carl Asti, Director of IT-University Media Services, UD pays licensing fees to ASCAP (The American Society of Composers, Authors and Publishers), BMI (Broadcast Music Inc.) and SESAC (Society of European Stage Authors and Composers) for limited rights to use protected media. “Composers, performers and authors pay ASCAP, BMI and SESAC to protect their rights. When UD, a radio station, a local bar or a cover band pays the license fees, the copyright holders receive royalties,” Asti said.

UD's agreements allow the use of ASCAP, BMI or SESAC music for official University purposes, for example:

-- The Fightin' Blue Hen Marching Band half-time show at a football game;
-- Songs played during sporting events over the PA system;
-- Recitals, plays, concerts and other performances by members of the Department of Music or other UD-affiliated groups;
-- Any classroom related activity;
-- On-campus presentations by students, staff or faculty; and
-- Educational instruction.

Asti indicated that some of the allowed uses still have restrictions. For example, using an ASCAP song like Bruce Springsteen's “Born in the USA” on the soundtrack for a video streamed from a UD Web site is permitted under our agreements. “However, if you post that same video on YouTube, Vimeo or any other off-campus site, your use violates the terms of our license.”

Asti said that some student groups encounter another issue. “Any performance of ASCAP, BMI or SESAC music by a UD-affiliated group is fine,” he said. Performances can be recorded and shared via a UD web site, too. “But the recording cannot be duplicated and sold, nor can it be sold via Web download. Even if it's done as a fund-raiser for a UD-affiliated group, our general license does not cover sales.”

To obtain more information about UD's ASCAP, BMI and SESAC agreements, to determine if the material you would like to use is covered or to determine if your planned use is covered, contact the University's General Counsel, Larry White, at 831-7361.

According to Sweren, “No matter how you justify your use of copyrighted material, you must obtain the material legally. So, for example, you may not download a song with Limewire, claiming that you're going to use the song in a 'legal' way.”

Other Resources

The University of Delaware has arranged for student, faculty and staff use of many copyrighted resources. In addition, there are several resources you can use to teach yourself more about using copyrighted material.

-- Research Databases: The University of Delaware Library has purchased licenses to allow students, faculty and staff the rights to use certain databases, scholarly journals, e-journals and popular periodicals while performing research. Visit the Library's home page and select “Databases” or “E-Journals” for more information.

-- Fair Use: U.S. copyright law does allow for certain “fair uses” of copyrighted material if those uses meet four criteria. Read the University of Delaware Policy for Copyright and Fair Use in Instruction for more information.

-- Multimedia and Copyright: The University Library's Multimedia and Copyright In a Nutshell Web page helps explain some of the details of the University policy.

-- UD Research: The UD Research Office provides an Intellectual Property Guide for researchers and inventors. The copyright section discusses copyright from the creator's point of view.

-- The Bottom Line on File Sharing at the University of Delaware: This IT Web site explains the ramifications of online copyright violations.

-- Copyright for Staff: In IT's Responsible Computing Manual for staff, the section titled Copyright: Your Rights and Responsibilities offers general advice to UD employees.

-- Legal Downloads: As part of its HEOA obligations, the University must publicize legal sources for copyrighted material:

• UD's LegalTunes Web site
• UD's list of Selected Legal Music Sites
• Public Domain Media at the Internet Archive
• Creative Commons

-- NCSAM at UD: Visit this Web site for more information about National Cyber Security Awareness Month and additional resources.