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COPYRIGHT INFRINGEMENT AND PEER TO PEER FILE SHARING
Unauthorized Distribution of Copyrighted Materials is Against Federal Law
The unauthorized copying and distributing of copyrighted materials,
including, but not limited to peer-to-peer (P2P) file sharing, is a
violation of United States copyright law and may result in civil and
criminal liability and prosecution
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.
Unauthorized Distribution of Copyrighted Materials is Prohibited by TCSG Policy
TCSG State Board Policy II.C.4 prohibits the unauthorized distribution
of copyrighted materials via TCSG systems or networks. Maximum
penalties under Georgia Law are a $50,000 fine and 15 years of
imprisonment, plus civil liability in addition to the potential federal
penalties listed above.
Legal Alternatives for Downloading or Otherwise Acquiring Copyrighted Materials
For a list legal alternative sites for downloading copyrighted materials please visit htttp://www.educause.edu/legalcontent
