What to Know
Peer-to-peer file-sharing technology is not itself illegal, but what you share and how you share it may be. When you upload or distribute copies you make of copyrighted works, or when you download or acquire unlicensed copies of copyrighted works, you may be infringing someone else’s rights. If you are infringing—even unwittingly—you can be subject to civil damages as high as $150,000 per infringement and even fines and criminal jail time.
Students receiving notices alleging infringement are referred to the Office of Student Conduct for evaluation of potential violation of the Student Conduct Code, Section 102.05b. The UC Electronic Communications Policy states: “In compliance with the Digital Millennium Copyright Act, the university reserves the right to suspend or terminate access to university electronic communications systems and services by any user who repeatedly violates copyright law.”
You should be aware of Universitywide Copyright Policies and Guidance. UCLA does not itself monitor for copyright infringement, but in accordance with federal law, acts when properly notified by copyright holders of alleged infringement through University network resources. The University of California Copyright site provides information about copyright laws, including appropriate vs. inappropriate uses of copyrighted material and FAQs about copyright ownership and using copyrighted material. Additional resources can be found on the UC and UCLA Copyright Information page, including about “fair use” of copyrighted materials for purposes of teaching, scholarship, and research.
A list of Legal Sources of Online Content is maintained by EDUCAUSE
Summary of 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 can constitute 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.
