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Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights of 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 Unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject students to civil and criminal penaltiesliabilities.
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 attorney’s fees. For details, see Title 17, United States Code, Sections 504, 505.
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For students, repeat offenses for copyright infringement are handled by the Office of Student Development or, in the case of a graduate student, the student’s respective school, which will follow the disciplinary process described in that student’s respective Student Handbook Student Handbook.
For employees, repeat offenses for copyright infringement are handled by the employee’s supervisor and the Office of Human Resources. The disciplinary process for employees is found in Section 3.4 “Corrective action” in the Employee Handbook.
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A current list of legal file-sharing alternatives is maintained by EDUCAUSE. (httphttps://www.educause.edu/legalcontentfocus-areas-and-initiatives/policy-and-security/educause-policy/issues-and-positions/intellectual-property/legal-sources-onli)
Biola University’s Network Usage Policy states that users of Biola’s network are expected to act in a lawful and ethical manner that is consistent with Biola’s Standard of Conduct.
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