Any unauthorized distribution of copyrighted material, including peer-to-peer
file sharing, or illegal downloading of copyrighted materials using the
college’s information technology system may be subject a student to civil and
criminal liabilities as well as disciplinary actions as stipulated in Board
policies 8007 Student Code of Conduct and 2019 Acceptable Use of Technological Resources.
Summary of Civil and Criminal Penalties for Violation of
Federal Copyright Laws
Source: U.S. Department of Education’s
Federal Student Aid Handbook.
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.
Last Updated: August 20, 2020