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Copyright Infringement Policies and Sanctions

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.

Procedures

I. Potential Civil and Criminal Sanctions for Copyright Infringement:

  • A. 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.
  • B. 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.
  • C. 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 website of the U.S. Copyright Office at (www.copyright.gov).

II. Policy Violations

  • A. Inappropriate conduct and violations of policy violations will be addressed by the appropriate procedures and agents (e.g., the Office of the Dean, the Office of the Vice President, Academic Affairs, or the Office of Human Resources) depending on the individual’s affiliation to ACHE.
  • B. In cases where a user violates any of the terms of this policy, the user may – in addition to other remedies, temporarily or permanently be denied access to any and all ACHE computing resources, and appropriate disciplinary actions may be taken, up to and including dismissal.