LBWCC Copyrighted Materials and Higher Education Opportunity Act Copyright Compliance Information
LBWCC Copyrighted Materials and Higher Education Opportunity Act Copyright Compliance Information
Lurleen B. Wallace Community College respects the intellectual property rights of others seriously and expects students, faculty, and staff to do so as well. It is the responsibility of all members of the Lurleen B. Wallace Community College to make a good faith determination that their use of copyrighted materials complies with the United States Copyright Law.
Proper use of copyright materials also extends to electronic resources available on the internet. Anyone using LBWCC computing and network resources consents to the IT Acceptable Use Policy. The policy outlines the responsible use of all LBWCC computing and network resources. It states users are expected to abide by guidelines, including: "respecting the public trust through which they have been provided, the rights and privacy of others, the integrity of the facilities, and pertinent laws, college policies and standards and to limit their use of information resources to the educational purposes and legitimate business of the College”. Making unauthorized copies of licensed software or copyrighted material is prohibited. Persons who violate the IT Acceptable Use Policy, as well as other policies regarding the use of copyrighted materials, may be subject to suspension or revocation of utilization privileges, administrative discipline, or immediate termination/dismissal of the violator’s relationship with Lurleen B. Wallace Community College, and could lead to criminal and civil prosecution.
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. The copyright owner also has the right to permanently enjoin an infringer from further infringing activities, and the infringing copies and equipment used in the infringement can be impounded and destroyed. If a copyright owner hired an attorney to enforce his or her rights, the infringer of a work may also be liable for the attorney's fees as well as court costs.
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.
Students are also responsible for observing the policies, rules, and regulations of Lurleen B. Wallace Community College. Failure to show respect for duly established laws or regulations will be handled by the Dean of Student Affairs in accordance with the Student Code of Conduct.