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,
www.copyright.gov/legislation/dmca.pdf, and especially their FAQ's at www.copyright.gov/help/faq.
This statement was prepared by the U.S. Department of Education, June 2010.
Fair Use Guidelines for Instructional Use of Copyrighted Materials
Section 107 of the Copyright Law contains a list of the various purposes for which the reproduction of a particular work
may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also
sets out four factors to be considered in determining whether or not a particular use is fair:
1.
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit
educational purposes.
Is the new work merely a copy of the original? If it is simply a copy, it is not as likely to be considered fair use.
Does the new work offer something above and beyond the original? Does it transform the original work in some way? If
the work is altered significantly, used for another purpose, appeals to a different audience, it more likely to be considered
fair use (NOLO, 2010, para. 6). Recent case law has increasingly focused on transformative use to make fair use
determinations – for a discussion of this topic see Lultschik, 2010.
Is the use of the copyrighted work for nonprofit or educational purposes? The use of copyrighted works for nonprofit or
educational purposes is more likely to be considered fair use (NOLO, 2010, para. 6).
2.
The nature of the copyrighted work.
Is the copyrighted work a published or unpublished work? Unpublished works are less likely to be considered fair use.
Is the copyrighted work out of print? If it is, it is more likely to be considered fair use.
Is the work factual or artistic? The more a work tends toward artistic expression, the less likely it will be considered fair use
(NOLO, 2010, para. 9).
3.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The more you use, the less likely it will be considered fair use.
Does the amount you use exceed a reasonable expectation? If it approaches 50 percent of the entire work, it is not likely
to be considered a fair use of the copyrighted work.
Is the particular portion used likely to adversely affect the author's economic gain? If you use the "heart" or "essence" of a
work, it is less likely your use will be considered fair (NOLO, 2010, para. 13).
4.
The effect of the use upon the potential market for, or value of, the copyrighted work.
The more the new work differs from the original, the less likely it will be considered an infringement.
Does the work appeal to the same audience as the original? If the answer is yes, it will likely be considered an
infringement.
Does the new work contain anything original? If it does, it is more likely the use of the copyrighted material will be seen as
fair use (NOLO, 2010, para. 11).
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of
words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material
does not substitute for obtaining permission.
Faculty will find the U.S. Copyright Office Circular 21: Reproduction of Copyrighted works by Educators and Librarians”
helpful for determining what is permissible and not permissible copyrighted resources for use in the classroom setting.
Illegal File Sharing
Peer-to-Peer (P2P) Technology
Peer-to-peer file sharing (also known as P2P) is a network protocol that allows people to connect with each other to search
for and download content such as digital media including movies, TV shows, and music over the Internet.
Is P2P file sharing legal or illegal?
While P2P sharing is not illegal, sharing copyrighted material without permission from the copyright holder is. The artist
receives no compensation for free music downloads, therefore it is copyright infringement. . Downloading music, movies,
software, or other copyrighted material without the owner’s permission, it's illegal.
Copyright holders frequently refer to copyright infringement as "theft". In law copyright infringement does not refer to
actual theft, but an instance where a person exercises one of the exclusive rights of the copyright holder without
authorization.
Having P2P software installed on your computer may cause the following security risks:
Opening a file may contain a Trojan horse, worm, virus or other malware.
P2P software may contain vulnerabilities which could allow unauthorized access to your computer.
P2P may expose personal, private or confidential data on your computer.
Adhere to the Law (Copyright and others)
P2P applications are not illegal, but downloading or sharing copyrighted material without the copyright holder's consent,
you are breaking the law. There may be legal ramifications from sharing and/or downloading certain files. Downloading
illegal copies of files (i.e. music, movies, etc.), or downloading improper files on computers or networks, or sharing personal
information may lead to legal consequences, such as prosecution, disciplinary action, as well as financial liability.
Kaskaskia College is blocking file sharing (P2P)
To protect students, faculty and staff and to maintain the integrity of the institution, the College has opted to block peer-topeer network traffic.
Legal Alternatives
The following link provides a list of legitimate online services that are approved by the RIAA or MPAA. Some of the sites
provide some or all content at no charge. www.educause.edu/legalcontent
The above information is not intended to be read as legal advice but rather as guidelines for those looking for assistance with
understanding and complying with copyright law. If further help is needed, the Director of Library Services will provide insight and
research assistance toward answering specific copyright questions that our students, faculty and staff might have as they pertain to
copyright, intellectual property and the reproduction of creative works.