Copyright Infringement
Many of the University's technology resources are shared among the entire University community. The use of these resources shall not violate law or the rights of others. Prohibited activities include, but are not limited to:
- Activities that violate copyright or other intellectual property rights of others, including but not limited to, the infringing use of peer-to-peer file sharing services;
- Sending copies of documents in violation of copyright laws via electronic mail or any other electronic transmission; and
- Inclusion of the work of others into electronic mail communications or any other electronic transmission in violation of copyright laws.
Any member of the University community who participates in the unauthorized distribution of copyrighted material, including peer-to-peer file sharing, may be subject to civil and criminal liabilities in addition to sanctions imposed by the University.
Penalties for violation of Federal copyright laws per offense include:
Civil - Damages may be awarded in the amount of:
- Actual damages suffered as a result of the infringement
- Statutory damages of not less than $200 or more than $25,000 unless willful infringement is found in which case a maximum statutory penalty of $150,000 per infringement per work can be awarded (See 17 U.S.C. §§ 501 et seq. (infringement) and §§ 1201 et seq. (circumvention of technological copyright protection measures)).
Actual damages for infringement can be significantly higher including profits made from infringement.
Criminal - Willful infringement of copyrighted material for commercial advantage or private financial gain, reproduction or distribution of copyrighted material worth more than $1000, or distribution of a work being prepared for commercial distribution can also result in criminal fines and penalties of:
- $500,000 or imprisonment for not more than 5 years for first offense.
- $1,000,000 or imprisonment for not more than 10 years for subsequent offense. (See 17 U.S.C. §§ 501 et seq., §§ 1201 et seq, and 18 U.S.C. § 2319).
For additional information visit www.copyright.gov.
Students who are found to have participated in the unauthorized distribution of copyrighted material and/or other forms of copyright infringement will be subject to an appropriate sanction in accordance with the Code of Student Conduct found in the Ashford University Catalog.
Both the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) maintain a list of legal alternatives for downloading. Please visit http://www.riaa.com/ or http://www.mpaa.org/ for more information.