On February 28, 2007, the Recording Industry Association of America ("RIAA") announced that it would escalate its efforts to deter illegal music sharing by sending "pre-litigation" letters to approximately 400 college students at 13 colleges and universities with the highest incidents of illegal music file sharing according to the RIAA. These 400 letters represent the first step in an increased effort by the RIAA to take legal action against college students. In announcing its new approach, the RIAA is enlisting the aid of university administrators to deliver the "pre-litigation" letters to the students whose IP addresses match the RIAA’s records of illegal file sharers. The pre-litigation letters offer the allegedly offending students terms of settlement at a "discounted settlement rate" to avoid litigation. The students must accept the settlement terms within 20 days from the date of the letter to accept the offer and avoid litigation.
In light of the escalated approach by the RIAA, we recommend that colleges and universities take the following actions:
* Review and update their peer-to-peer (P2P) network policies to include information about the RIAA’s new approach
* Distribute the updated P2P policies to faculty and students
* Consult with legal counsel regarding communications to students identified in the RIAA "pre-litigation" letters
* Consult with legal counsel to determine which of the other actions suggested by the RIAA are appropriate for institutions to take
Under the Digital Millennium Copyright Act, network operators, including colleges and universities that provide networks for faculty and student use, are protected from liability for the infringing activities of third parties who post or transfer infringing materials on or through the network, as long as the network operators follow the procedures set forth in the Act for removing the infringing material upon notice that it is infringing. However, institutions that know of and promote, or profit from, infringing conduct on their networks may be found liable for contributory or vicarious infringement. For this reason, colleges and universities must work closely with legal counsel in responding to the recent RIAA announcement and in preparing and implementing their policies relating to infringement on their networks.
Jennifer Collins is a member of the Firm’s Intellectual Property Practice Group. Her practice includes counseling clients with respect to copyrights and other intellectual property. She chairs a team of transactional lawyers who assist clients in negotiating agreements involving intellectual property.
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