Illegal Downloading: Don't Do It!
St. Mary's College of Maryland has a strict policy against the illegal downloading of music, videos, books, and other media. If you should be caught downloading media illegally, the consequences are thus:
First Offense
- CIO/Director of CTSS receives notice of violation.
- Student is notified of violation and network access is suspended until they meet with CIO/representative.
- At this meeting, violation is discussed and student receives copies of SMCM Music/Copyright, Appropriate Use, and P2P Policies; a summary of the Civil and Criminal Penalties for Violation of Federal Copyright Laws is discussed; and the student is asked to sign Copyright Violation Notice.
Second Offense
- CIO/Director of CTSS receives notice of violation.
- Student is notified of violation and network access is suspended until appearance before the Judicial Board. If found responsible, he or she is assigned a penalty. This ranges from special community service projects to loss of network access for some limited period of time.
Third Offense
- CIO/Director of CTSS receives notice of violation.
- Student is notified of violation and network access is suspended until appearance before the Judicial Board. If found responsible, he or she is assigned a penalty. This ranges from loss of network access for a longer period of time to suspension from school.
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 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 and 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 US Copyright Office at www.copyright.gov. The FAQ section may be of particular assistance at www.copyright.gov/help/faq.
