The Recording Industry Association of America (RIAA) has recently begun new activities to address alleged copyright violations when music files are shared via the internet. These activities include:

1. increased surveillance of computers connected to the internet from colleges and universities

2. a new program that requests Internet Service Providers to forward a pre-litigation settlement letter to a user associated with a computer distributing copyrighted songs. The settlement letter:

  • lists songs allegedly shared from that user's computer
  • suggests that the user can "settle" the case by paying $350 for each song (vs. a minimum fine of $750 or higher per song if found guilty of infringement in court), via the web site www.p2plawsuits.com or toll-free number

Middlebury has not received any settlement letters (as of April 2, 2007). A sample RIAA settlement letter may be viewed at: http://www.educause.edu/ir/library/pdf/CSD4832.pdf. Upon receipt of such a letter, we will attempt to forward it to the proper recipient.

Middlebury College will not offer legal advice to the recipient of such letters. The RIAA advises you to consult your own attorney promptly.

If the RIAA subpoenas the College (a process different from sending settlement letters), we are legally required to identify a user associated with an internet address if we are able to do so. The RIAA may then decide to sue the individual. Such action has occurred at dozens of colleges and universities in the past.

We urge you to take this matter seriously,
and follow this simple advice:

---------------- Protect yourself. Do it legally. ----------------

Purchase your tracks or obtain them from a copyright-free site (some musicians share their music freely!). Share tracks on your computer only according to the explicit licenses or permissions granted by the copyright owner or distributor (for example, Apple allows limited sharing of music purchased through iTunes on a local network).

Please note that Middlebury College does not monitor its network for content as part of its privacy policy (with the exception of certain types of network activity that risk computer and network security, or severely impede network functionality). In addition to the RIAA, other agencies such as HBO and the Motion Picture Association of America also monitor the internet for illegal distribution of copyrighted videos, television shows, movies, games and software.

Copyright is governed by national law and international treaties, and is a growing societal concern. (For example, see an article at the Electronic Frontier Foundation on this current issue.) Stay informed! If you have questions, feel free to contact Jeff Rehbach, Policy Advisor for Library & Information Services, Library 202C, ext. 5811, rehbach@middlebury.edu