Digital Millennium Copyright Act
University Advisory on Compliance with Copyright Law and DMCA
Harvard is committed to maintaining the integrity and availability of its network for the vital educational and research purposes for which it was designed.
Overview
The Digital Millennium Copyright Act ("DMCA") of 1998 endeavors to balance the interests of internet service providers and copyright owners when copyright infringement occurs in the digital environment. The DMCA protects internet service providers from liability for copyright infringement by their users, if the internet service provider meets certain statutory requirements.
Annual Copyright Disclosure: Key Takeaways
- Do not use peer-to-peer file-sharing programs to share copyrighted works without permission.
- If you share copyrighted material without permission, you may subject yourself to significant costs and possible criminal penalties.
- If you are associated with repeat infringements, Harvard University may terminate your network access and refer you for disciplinary action
More about the DMCA and legal sources of online content
FAQs
Yes, If you paid for the materials from a reputable source. Digital media, such as music, movies, games, books, and applications, can be purchased online from many different marketplaces such as iTunes, Google Play, and Amazon. Once purchased, you are permitted to keep a copy of the file for personal use. Streaming services, such as Netflix and HBOGo provide access to a wide selection of titles for a monthly fee. You may view or listen to this content as long as your subscription is active.
Fair Use is a legally permissible use of copyrighted material for specific purposes such as commentary, criticism, news reporting, research, teaching or scholarship. For more information about fair use, see: http://ogc.harvard.edu/pages/copyright-and-fair-use . The best course of action is to get permission from a copyright holder before using their work. If the copyright holder does not agree that your use qualifies as “fair”, legal action can be brought against you. Downloading and distributing copyrighted materials without authorization from the rights-holder is never an example of fair use.
Yes, as long as you stay within the limits of your license. In most circumstances, if you paid for something you may store it, but you may not distribute it.
This occurs when someone other than the owner is using the computer, most often with the owner's permission. When you give someone access to a computer registered to you, you are taking responsibility for their actions on the Harvard network. Even if they used the computer on another network, they may have left file-sharing software running in the background. If you have an unsecured wireless capable router, it is possible for someone else to be using it for the illegal distribution of copyrighted materials so be sure to take steps to secure it. For assistance in de-registering computers you no longer use, checking for background software, and securing your computer from unauthorized use, please contact your local help desk. There are many steps that all personal computer owners should take to secure their systems. Harvard University Information Technology has posted a checklist of the most important steps at: http://huit.harvard.edu/faq?page=4 . Harvard expects users to take reasonable precautions to secure their personal computers, and individuals may be held responsible for misconduct that occurs from others' use or misuse of their systems. If you receive a copyright violation notice and suspect that your computer has been compromised, please contact your local help desk or network administrator for assistance.