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Copyright Infringement Policy

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.  In the case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed “willfully”,  a court may increase the award of statutory damanges 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. The U.S. Copyright Office provides additional information on copyright law and criminal penalties.

Section E of the Policies, Regulations, and Procedures section of the Illinois Tech Student Affairs Handbook includes Illinois Institute of Technology's Copyright Infringement Policy.