Copyright Infringement Policy

Unauthorized distribution (downloading or uploading) of copyrighted material over the Internet, including peer-to-peer file sharing, is considered copyright infringement. Copyrighted material that may not be shared without authorization includes recorded music (often in the form of MP3 or MP4 files), movies, television shows, digital books, or magazines. Copyright infringement may subject a student to civil and criminal liabilities.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

Institutional Penalties for Copyright Infringement

Students who use the university's network to engage in unauthorized distribution of copyrighted material are in violation of the student code of conduct and will be disciplined accordingly.

Legal Alternatives for Acquiring Copyrighted Material

A fairly exhaustive list of web sites from which you may legally obtain copyrighted material is published by EDUCASE.