Higher Education Opportunity Act Notice on Distribution of Copyrighted Materials
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.
The unauthorized use of copyrighted materials violates U.S. Copyright Law, which protects the rights of authors and creators. In particular, downloading or distributing copyrighted materials over the Internet violates the federal Digital Millennium Copyright Act (DMCA) and the Charleston School of Law Code of Conduct.
It is important to be aware of and abide by the laws and policies concerning copyright protected material, especially digital content such as video, music, books, articles, and software. The Higher Education Opportunity Act of 2008 (HEOA) mandates that colleges and universities take steps against copyright violations. A violation of this nature that violates the Charleston School of Law Code of Conduct may result in disciplinary action and/or civil or criminal legal action brought against you by the copyright holder.
Penalties for Copyright Violation
Penalties for copyright infringement include civil and criminal penalties. The civil damages for copyright infringement will be no less than $750 or more than $30,000 per infringing work. However, if the copyright owner can establish that the violation was willful, the damages can be up to $150,000 per work. US Code Title 17 Chapter Five Section 504. Further, penalties under the No Electronic Theft Act can be charged even if the infringer did not profit from the violation. Criminal penalties for willful copyright infringement have been updated and can now result in imprisonment of up to five years and fines of up to $250,000 for a first offense, with subsequent offenses carrying penalties of up to 10 years in prison and/or fines of up to $1,000,000. These penalties apply to various forms of electronic distribution, including file sharing and web hosting.
Legal Downloading
The HEOA requires all colleges and universities to offer legal alternatives to unauthorized downloading. Educause provides a list of these legal alternatives at www.educause.edu/legalcontent . The products or services listed are not endorsed or evaluated by the Charleston School of Law.