Copyright Update

FROM:  John Etchemendy, Provost

DATE: August 1, 2003

SUBJECT: Copyright Update

I am writing you to reiterate the university's policy on the use of Stanford's computer networks in ways that violate copyright laws. In recent months the Recording Industry and Motion Picture Associations of America have increased their enforcement efforts regarding copyrighted materials. Those efforts have included filing lawsuits against individual students at other universities who were believed to use peer-to-peer file-sharing networks on university servers in violation of copyrights of musical artists. In the first set of cases, which were resolved this Spring, students were personally subjected to a great deal of negative publicity, were forced to pay attorneys' fees to defend against the lawsuits, and ultimately were required to pay monetary settlements. These associations have determined that lawsuits against individual students are an effective copyright enforcement tool and have threatened to file hundreds more. I want to make sure all members of the Stanford community are aware of Stanford's stance on this issue.

Stanford is committed to facilitating access to information through its computer networks as part of its mission to pursue research and create knowledge. But the university's research and teaching mission also depends on respect for the rights of intellectual property and the university will not facilitate the pirating of intellectual property through its computer networks.

Stanford has received an increasing number of notices from copyright owners identifying the IP addresses of members of the Stanford community who are sharing copies of music and videos without authorization. The law requires the university to respond to such complaints by eliminating access to the infringing materials, and may further require Stanford to identify students, faculty, staff or others who have violated copyright laws. The university will eliminate access and will provide information as required by law. Indeed, several universities have already turned over the names of their students after receiving lawful subpoenas.

Sharing music, videos, software, and other copyrighted material in violation of copyright laws can expose you and others to legal sanctions. As of the date of this letter there are two bills pending before Congress that would dramatically increase the already onerous criminal and civil penalties – unlawful file sharing could be charged as a felony offense and carry fines up to $250,000 per violation and imprisonment for a period up to 5 years. Unlawful file-sharing is also a violation of Stanford's policies. Whether or not a person is subject to civil or criminal prosecution, the university will suspend or terminate computer access to members of the community who continue to violate copyright laws. Finally, the university will take action through the student, employee, or faculty disciplinary processes if necessary. Please do not put yourself, your friends, or your colleagues in that serious and difficult position.

If you would like more information about this, you can consult my earlier memo regarding copyright law at:

http://www.stanford.edu/dept/legal/Worddocs/copyrightRemfinal.pdf

If you have questions about our policies, please consult the Office of the General Counsel (723-9611).

Sincerely,
John Etchemendy