Copyright and Peer-to-Peer File Sharing
The College requires all faculty, staff, and students to respect the rights of copyright owners by refraining from actions that constitute an infringement of federal Copyright Law. In addition, in accordance with the Higher Education Opportunity Act (HEOA), Cleveland Community College is committed to reducing the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. All campus stakeholders are responsible for adhering to Copyright Law and Peer-to-Peer File Sharing laws while using College supplies and equipment and in all production and distribution of educational materials and presentations for the College.
Any student violation of Copyright Law will be treated as a violation of the Student Code of Conduct. The Vice President of Student Affairs will provide an annual notice to students outlining the federal law, College Policy, campus practices and potential sanctions.
For more information on copyright and peer-to-peer file sharing, please refer to Policy 7.2 – Internet and Network Acceptable Use and Policy 7.6 – Peer-to-Peer File Sharing.
The following is the Peer-to-Peer File Sharing Notice to Students:
Unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may result in criminal and civil penalties as well as disciplinary action by the College.
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 website of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.
Legal Sources of Online Content
For legal alternatives to unauthorized downloading seehttp://www.educause.edu/legalcontent.