Download Legal Issues

Legal Issues
Each author of an AU webpage is responsible for the content of that page.
Authors and users of the AU Web must adhere to all local, state and federal laws and regulations, as well
as all Alfred University policies.
Laws governing use of the Web include fraud, forgery, child pornography, trademark, defamation,
extortion, copyright, obscenity, harassment, libel and privacy, to name a few. While they aren't
expected to be lawyers, AU Web authors and users are expected to know their rights and
responsibilities. When in doubt, a common sense approach usually works, but everyone should read and
understand the following brief discussion of some of the relevant Web-related legal issues and
University Web policy.
Access to computing resources at AU is a privilege, not a right.
The University reserves the right to remove any content on, and access to, any page on the AU Web that
it believes doesn't comply with local, state and federal laws and regulations or any AU policies and
guidelines ("Standards"). Violators may be prosecuted and/or disciplined.
A good rule of thumb: "Never publish or do anything on the Web you wouldn't want your mother to
see!"
Table of Contents:
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Copyright and "Fair Use"
Trademark
Defamation and Harassment
Child Pornography/Obscenity
Privacy
Domain Names Policy
Resources
Copyright and "Fair Use"
Alfred University's Copyright Infringement Policy can be found at http://my.alfred.edu/its/.
It is sometimes assumed that material found on the Internet is free for the taking. Wrong! Copyright law
protects the tangible expressions of ideas, i.e., most of the content of webpages you see. A work is
copyright-protected from the moment of its creation; the author is not required to provide a copyright
notice. If you download, reproduce, or forward copyrighted material, you could be guilty of copyright
infringement. The penalties for copyright violations could be as high as $100,000 per violation, plus the
payment of the copyright owner's attorney fees.
Therefore always assume everything you see on the World Wide Web (and other areas of the Internet)
is copyrighted, unless a specific notice to the contrary is posted.
It follows that you should always have permission to use any material you did not create.
"Fair use" of Web-related copyrighted material may be allowed under certain circumstances.
Researchers who choose to publish electronically may wish to use a copyright notice before posting
their work on the AU website. Example:
© by John Smith 2001
or
Copyright © John Smith 2001
Trademark
Trademarks identify the source of goods and services. Trademarks belong to their owners, and you may
not use a trademark (those golden arches that cartoon mouse) on a webpage without permission.
Alfred University Web graphics, including the AU website design and the name "Alfred University" in the
official logotype, are all trademarks of Alfred University and can only be used as permitted in the
Standards.
The name "Alfred University" cannot be used for any non-University business in the URL address without
permission of the Rick McLay, Director of Publications.
Defamation and harassment
You may consider your personal webpage a soap box for freedom of expression, but what you "say" in
cyberspace may harm or injure someone else. You are responsible for the consequences of your
"speech."
Users of the AU Web are expected to show consideration for one another and to use the system
ethically, responsibly and efficiently.
Child pornography/Obscenity
Child Pornography, material that depicts minors, i.e., anyone under the age of 18, in a sexually explicit
way, is illegal. Knowingly uploading or downloading child pornography or including such material in
your webpages is a federal offense.
Obscenity is illegal under State and Federal laws. It may also be considered a form of harassment. What
is obscene is subjective and based on community standards. Courts have held that the "community" is
not the online community, but the community where the obscene material can be downloaded.
Consequently, please note that the community standards in part of the country may not be the
community standards of other parts of the country.
We don't know what pornography and obscenity laws will be upheld as constitutional. However, even if
a particular law is not ultimately enforceable, what you think of as "art" on your webpage may be
considered "obscene" by web surfers in Alfred and elsewhere, and the offended parties may take you
and the University to court. Your costs to defend yourself could be significant.
Therefore, use every reasonable precaution to avoid creating content for AU webpages which might be
considered pornographic or obscene. Although it has no obligation to review any content on webpages
accessible through the University's website, the University reserves the right to remove or deny access
to any content it deems objectionable for any reason. And remember the rule of thumb about not
publishing anything you wouldn't want your mother to see.
Privacy
Web publishing can lead to an invasion of your or someone else's personal privacy. If you publish a
personal page or become part of an online directory, unwelcome people may find you, e.g., con artists,
junk mailers, stalkers and other troublemakers. Others may link to your page in a way you find
distasteful or negative (you could be chosen as an example of bad Web design, or worse). Web
publishing also means that anyone with access to the Internet will also have access to any personal
information you've included in your page, such as your home address, phone number, etc. You may
receive unsolicited email, junk or chain mail, obscene or harassing phone calls, or other messages
constituting "hate speech" to your email box and/or home phone and address. To lower your risk, you
may wish to eliminate certain personal information from your webpage.
All AU Web users must be familiar with the Policy on the Use of Computing Facilities at Alfred University
at http://my.alfred.edu/its/.
Resources:
Researchers may wish to review Cornell University's comprehensive guide
(http://topics.law.cornell.edu/wex/) to protecting online intellectual property.
The Electronic Frontier Foundation (http://www.eff.org/) is one of the most respected online sources
for computer-related legal issues.