Federal Higher Education Opportunity Act of 2008 (HEOA)

The Federal Higher Education Opportunity Act of 2008 (HEOA) imposes various requirements on higher education with respect to illegal sharing of 版权ed material by network users. Among these requirements, the University is to provide information to its 社区 regarding legal and policy implications of illegal file sharing, as well as provide legal alternatives for acquiring 版权ed material.

 

一般的声明

The unauthorized distribution of 版权ed material by any electronic method, including peer-to-peer file sharing, may subject you to disciplinary action as well as civil 以及刑事责任.

 

University Policies Regarding Copyright Violations

The use of University networks to acquire or share material in violation of 版权 is considered non-academic misconduct under the Code of Student Conduct. 欲知详情 regarding the Student Conduct and potential penalties, review 的真相 (学生手册)在 http://1.deckblatt-bewerbung.net/studentconduct/ 

These policies are also enumerated in the University's Student Computer Use Policy, 哪一个可以在 http://departments/csc/resources/studentpcpolicy.pdf

The official student handbook, the Lowdown also includes policy statements regarding 著作权法. 详情可在以下网址查阅 http://1.deckblatt-bewerbung.net/lowdown/ 并在SGA办公室打印.

 

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 版权 owner under section 106 of the Copyright Act (Title 17 of the United States Code). 这些权利包括 right to reproduce or distribute a 版权ed work. 在文件共享环境中, downloading or uploading substantial parts of a 版权ed work without authority 构成侵权.

Penalties for 版权 infringement include civil and criminal penalties. 一般来说, anyone found liable for civil 版权 infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than 每件侵权作品3万美元. For "willful" infringement, a court may award up to $150,000 每件侵权作品. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful 版权 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. 版权事务处 http://www.copyright.gov.

 

Legal Alternatives to Illegal Downloading

There are many legal sources of 版权ed media already used by members of the University 社区. Educause has compiled a summary of such resources at http://www.educause.edu/legalcontent