Copyright
Violations
On October 28, 1998, the Digital Millennium Copyright
Act (DMCA) was enacted by congress. The Act gives protection from
liability for copyright infringement to online service providers who comply
with the provisions of the Act. Colleges and universities are considered to be
online service providers and are subject to this Act. This page serves as the
contact point notification for Northeast State Community College as required by
the Act. This institution has filed the proper forms with the U.S. Copyright
Office to receive immunity under the Act.
If copyright violations are detected on this Website, the
copyright holder must send a signed notice of infringement to the institution,
identifying the copyrighted material. The copyright holder must provide contact
information (address, phone number, and email address) and a statement that the
infringing material is being used without consent. Upon receipt of proper
notification of copyright infringement, the designated Copyright Agent will
take action as outlined in the Digital Millennium Copyright Act of 1998.
To report infringement, the copyright owner must contact and
provide proper documentation to:
Student Handbook:
Computer Resources
Northeast State network connections and computer resources
may not be used to violate copyright laws. The unauthorized reproduction of
copyrighted materials, including illegal downloading or sharing of copyrighted
music, movies, books, etc., is a serious violation of Northeast State’s Computer
Resources policies and the U.S. Copyright Laws. Violations are
covered under Northeast State Policy 03:05:03
Disciplinary Offences.
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.
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