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DMCA and Copyright Infringement
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which amended U.S. copyright law to address important parts of the relationship between copyright and the internet. Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution.
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.
University Policy
The University of Central Missouri adheres to all applicable Copyright Laws outlined in Title 17 of the United States Code. It is a violation of the University’s Acceptable Use policy to engage in unauthorized copying, use, or distribution of digital copyrighted material including, but not limited to, digitization of paper media, photos, music, movies, or software.
Campus Practices
If you are using the University’s network, UCM is your Internet Service Provider (ISP). The DMCA requires ISP’s to designate a DMCA Agent and implement a vigorous program of accepting and responding to DMCA notices.
When UCM receives a notification of copyright infringement, the agent responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.
Network access may be restored after the infringing material has been removed. A second violation will result in loss of network privileges for a period of no less than 21 days. A third violation will result in permanent loss of network privileges. Repeat offenders may be subject to disciplinary sanctions which may include suspension or expulsion from the University.
Additional Resources
Educause Legal Alternatives to Unauthorized Downloading
Notice and Takedown
This video explains copyright law's notice-and-takedown system so you can understand your options if someone infringes your copyright-protected material or you receive a takedown notice.
UCM Copyright Information outlines applicable copyright laws as they apply to Fair Use and the TEACH Act
U.S. Copyright Office provides information on copyright law and other related topics:
- Digital Millennium Copyright Act (DMCA)
- Section 512 of Title 17: Resources on Online Service Provider Safe Harbors and Notice-and-Takedown System
- Copyright Basics (Circular 1)
- S. Copyright Office FAQ
- Learning Engine Video Series
UCM Board of Governors Intellectual Property Rights Policy applies to intellectual property at the University.
Fair Use Checklist provides help to determine if activities are within the limits of fair use under U.S. copyright law
