|
Important Message Regarding the Recording Industry Association of
America (RIAA) "Settlement Letters" and "Preservation Notices"
As the Internet Service Provider (“ISP”) for the Villanova University
community, UNIT has issued each Villanova student a computer account
that includes a unique Internet Protocol (“IP”) address. As a student
and UNIT computer account holder, you are subject to the University’s
Student Code of Conduct and applicable UNIT and University policies,
including those relating to copyright infringement.
The Recording Industry Association of America (“RIAA”) is a trade group
that represents major U.S. recording industry companies. The RIAA
identifies IP addresses that allegedly have been used in violation of
RIAA members’ copyrights (“Alleged Infringer”) .
Seeking to enforce the
copyrights of its member record companies, the RIAA contacts the ISP
that provides service for those IP addresses and notifies the ISP of any
alleged violations of the Copyright Act. The RIAA has also recently
employed more aggressive means of policing music piracy. The RIAA sends
"preservation notices" to ISPs requesting that the ISP preserve contact
information about the Alleged Infringer. The RIAA then requests that the
ISP forward "settlement letters" to the person associated with the IP
address.
Upon receipt of a copyright violation notice, UNIT will attempt to
contact Alleged Infringers and notify them of the allegation. As a
matter of internal University policy, each student must cease all
illegal file sharing activity and delete any copyrighted material from
their computer. In addition, the student is required to sign a document
stating his/her understanding and acknowledgement of the process.
Villanova University responds to Digital Millennium Copyright Act (“DMCA”)
notices of infringement as required by federal law.
Sample "DMCA" Notice
"Settlement Letters"
If UNIT receives an RIAA notice with a "settlement letter" attached, it
will treat the letter as a DMCA notice provided it satisfies the
requirements of the law. Consistent with current practice, UNIT will
forward the "settlement letter" together with Villanova's standard DMCA
notice letter to the account holder.
Sample "Settlement" Letter
"Preservation Notices"
If UNIT receives a "preservation letter," which requests the holding of
basic contact information for the account holder but does not meet all
the elements of a DMCA notice, UNIT will preserve the requested
information and simply forward the letter to the account holder for his
or her information. The account holder would then know that the RIAA has
identified him or her as an Alleged Infringer and would have the option
of agreeing to settle the matter with the RIAA within the prescribed
time period. Again, unless served with a proper subpoena, Villanova
University would generally not release the contact information based on
the preservation notice alone.
Sample "Preservation Notice"
UNIT does not routinely monitor its network for content and does not
generate DMCA notices. Villanova University is not a party to these
matters. If an account holder receives one of these "settlement letters"
or "preservation notices", he or she has the sole responsibility to
decide how (if at all) to respond to the RIAA and whether to consult
with legal counsel before making a decision.
In addition to the RIAA, many content owners send DMCA notices to ISPs
for videos, movies, games and software that have allegedly been
infringed. Content owners and their representatives such as the RIAA
have become increasingly vigilant and technologically sophisticated in
monitoring file sharing on the Internet.
Students are reminded that copyright infringement is illegal and
violates University policy. Students who infringe copyright are subject
to (i) discipline under the Code of Student Conduct up to and including
expulsion and (ii) statutory damages up to $250,000 per infringed work.
Finally, if you have specific questions about this message, please email
support@villanova.edu.
Stephen Fugale
Chief Information Officer and DMCA Registered Agent
Villanova University
|
