University of California, Riverside UCR Copyright Guidelines for Students, Staff and Faculty
Monday, September 25, 2017

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Definitions

bandwidth
copyright
Designated Copyright Agent (DCA)
distribution
DMCA
fair use
file sharing
first sale doctrine
ISP/OSP
liability shelter
MP3
peer-to-peer file sharing
public domain
streaming media

bandwidth: 1a data transmission rate; the maximum amount of information (bits/second) that can be transmitted along a channel.

2the difference between the highest and lowest frequencies of a transmission channel (the width of its allocated band of frequencies). [Ref.: http://www.hyperdictionary.com/search.aspx?Dict=&define=bandwidth]

copyright: A copyright is the set of exclusive legal rights authors have over their works for a limited period of time. In the United States, these rights are primarily defined by federal copyright acts under the authority of the U.S.Constitution. The current 1976 Copyright Act, amended many times since its enactment, gives authors exclusive rights to copy the works, distribute and sell copies, modify and adapt the works, convert the words into other formats, and publicly perform or display the works. Currently, the author's rights begin automatically when a work is created. Copyrighted works are not limited to those that bear a copyright notice or are registered. These rights prohibit others from using the works without permission or profiting from the sale or performance of these works for a fixed period of time. For more information, see What is Copyright? [Ref.: UC Copyright, http://www.universityofcalifornia.edu/copyright/ownership.html]

Designated Copyright Agent (DCA): in accordance with DMCA requirements, the person identified by the campus to receive and process notification of claimed copyright infringement. UCR has registered the campus Information Technology Security Coordinator as its Designated Agent with the U.S. Copyright Office.

distribution: 1the act of distributing or spreading or apportioning

2the commercial activity of transporting and selling goods from a producer to a consumer [Ref.: http://www.hyperdictionary.com/search.aspx?define=distribution]

DMCA: The 1998 Digital Millennium Copyright Act (DMCA) … grants an online service provider (OSP) a limitation of liability for vicarious and contributory copyright infringement when its subscribers infringe a third-party’s copyright online (17 U.S.C. § 512). The University of California provides online service to its students and faculty (or students, faculty, and employees); therefore, it meets the definition of an OSP. The limitation is available only under certain conditions and when procedures prescribed in the Act are followed. The DMCA's limitation on OSP liability was adopted as a compromise between demands by online service providers that they not be held liable for the infringing activity of their subscribers and counter-demands by content providers (e.g., publishers and recording companies) that online providers not have absolute limitations on liability.

The DMCA does not require online providers to adhere to its procedures, nor does it supersede or alter existing statutory or case law related to copyright. Any defense which would otherwise be available to a provider remains available; however, adherence to the [DMCA] procedures allows a provider to quickly dispose of certain infringement claims without concern for liability either to the alleged infringer (for the removal of the material) or to the person claiming infringement. [Ref.: UC Copyright, http://www.universityofcalifornia.edu/copyright/pdmcai.html]

Fair Use: The 1976 Copyright Act provides important exceptions to the rights of the copyright holder that are specifically aimed at nonprofit educational uses of copyrighted works and libraries. One of these provision codifies the doctrine of "fair use," under which limited copying of copyrighted works without the permission of the owner is allowed for certain teaching and research purposes provided that the 4 factor test of fair use is satisfied. [Ref.: UC Copyright, http://www.universityofcalifornia.edu/copyright/fairuse.html ]

If the user is UCR faculty or staff, and the usage is for official University business, the individual user can look to University resources for specific, and perhaps more definitive, advice and guidance on Fair Use and other copyright issues. Such resources include the Office of General Counsel and the campus Copyright Coordinator (mike.wicke@ucr.edu). Keep in mind, however, that these University resources may not be available to non-University personnel or in connection with non-official University usages.

file sharing: File sharing is the public or private sharing of computer data. While files can easily be shared outside a network (for example, simply by handing or mailing someone your file on a diskette), the term file sharing almost always means sharing files in a network, even if in a small local area network. File sharing allows a number of people to use the same file or files by being able to read/view it, write to/modify it, copy it, or print it. [Ref.: http://whatis.techtarget.com/definition/0,,sid9_gci212119,00.html]

First Sale Doctrine: A distinction not always recognized is that ownership of the physical item, such as a book or a CD, is not the same as owning the copyright to the work embodied in that item. Under the first sale doctrine, ownership of a physical copy of a copyrighted work, like a book, permits lending the item, reselling the item, disposing of the item, burning the item, and so forth, but it does not permit copying the item in its entirety. That is because the transfer of the physical copy does not include transfer of the copyright to the work. A transfer or assignment of copyright must be signed and in writing to be valid. [Ref.: North Carolina State University, http://www.lib.ncsu.edu/scc/tutorial/basics2a.html ]

ISP / OSP (Internet Service Provider / Online Service Provider): A company or entity which provides other companies or individuals with access to, or presence on, the Internet. Most ISPs are also Internet Access Providers; extra services include help with design, creation and administration of World-Wide Web sites, training, and administration of intranets.

Liability Shelter: refers to the provision of the DMCA which limits the financial liability of qualifying Online Service Providers for copyright violations of their users.

MP3: A digital audio compression algorithm that achieves a compression factor of about twelve while preserving sound quality. It does this by optimizing the compression according to the range of sound that people can actually hear. MP3 is currently (July 1999) the most powerful algorithm in a series of audio encoding standards developed under the sponsorship of the Moving Picture Experts Group (MPEG) and formalized by the International Organization for Standardization (ISO).

MP3 is very different from Layer 2, using an additional MDCT layer to increase frequency resolution. Its scale factor groups are more optimized for the human ear, and it uses nonlinear sample quantization and Huffman coding.

MP3 files (filename extension ".mp3") can be downloaded from many World-Wide Web sites and can be played using software available for most operating systems (also downloadable), e.g. Winamp for PC, MacAmp for Macintosh, and mpeg123 for Unix.

MP3 files are usually downloaded completely before playing but streaming MP3 is also possible. A program called a "ripper" can be used to copy a selection from a music CD onto your hard disk and another program called an encoder can convert it to an MP3 file. [Ref.: http://www.hyperdictionary.com/dictionary/MPEG-1+audio+layer+3]

peer-to-peer file sharing: Rather than sharing files via a single server, such as via FTP, files are shared throughout many peers. By reducing potential bottleneck traffic on a server, loads are increased on all peers.

public domain: The public domain is generally defined as consisting of works that are either ineligible for copyright protection or with expired copyrights. No permission whatsoever is needed to copy or use public domain works. Public domain works and information represent some of the most critical information that faculty members and students rely upon. Public domain works can serve as the foundation for new creative works and can be quoted extensively. They can also be copied and distributed to classes or digitized and placed on course Web pages without permission or paying royalties. [Ref.: UC Copyright, http://www.universityofcalifornia.edu/copyright/publicdomain.html ]

streaming media: Playing sound or video in real time as it is downloaded over the Internet as opposed to storing it in a local file first. A plug-in to a web browser such as Netscape Navigator decompresses and plays the data as it is transferred to your computer over the World-Wide Web. Streaming audio or video avoids the delay entailed in downloading an entire file and then playing it with a helper application. Streaming requires a fast connection and a computer powerful enough to execute the decompression algorithm in real time. [Ref.: http://www.hyperdictionary.com/computing/streaming]

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