Walsh College recognizes that there are legitimate uses for file sharing and does not seek to block or limit authorized and permissible collaboration. In accordance with the Higher Education Opportunity Act (HEOA) of 2008 with an implementation date of July 1, 2010, unauthorized distribution of copyrighted material by any means (including peer-to-peer file sharing) may subject an individual to civil and criminal liabilities in addition to violating Walsh College internal policies. This policy applies to all students of Walsh College. 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 copyright.gov, especially their FAQ’s at copyright.gov/help/faq. Walsh College will accept and respond to Digital Millennium Copyright Act (DMCA) notices. Upon receipt of a DMCA notice from a business that tracks unauthorized use of its copyrighted materials to Walsh College servers, the user will be detected, the activity analyzed, and the individual may be contacted.
Summary of Walsh College Penalties for Unauthorized File Sharing of Copyrighted Material
Walsh College prohibits illegally copying, distributing, sharing, downloading or uploading copyrighted music, movies, software and games.
Upon a first offense, individuals will receive a written warning. If by nature of technology used the individual cannot be located, Internet access for the computer used will be suspended until a warning can be delivered. Upon receipt of a copyright infringement notice, the alleged offender's network access will be limited, and all web requests will be referred to the Walsh College Office of Information Technology.
Internet access will be restored once the form is complete, and the student agrees to abide by the terms of the policy.
Upon a second offense, a student may be subjected to the academic conduct committee for further evaluation and/or discipline. Upon a third or subsequent offense, sanctions can include disciplinary probation, other sanctions as directed, and/or dismissal from the College. Depending on the nature of copyright infringement and/or unauthorized file sharing of copyrighted material, the College reserves the right to report such infringement or unauthorized sharing to local or federal authorities, or the like.
Legal Sources of Online Content EduCause maintains a list of legal sources of online content at educause.edu/legalcontent. Members of the Walsh community are encouraged to check that site to ensure they are compliant with the law.