Copyright infringement is a serious and highly-punishable act, and all students at Eastern Michigan University need to be aware of the university’s policies regarding copyrights.
Copyright is a Federal Law, Title 17, U.S. Code, that provides “a form of protection provided by the laws of the United States to the authors or ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works.” Copyright laws allow the creators of works to display, reproduce, prepare derivative works, distribute copies by sale or rental lease/lending, and perform their works publicly.
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). Reproducing, distributing, downloading or uploading any substantial portions of copyrighted work falls under these rights.
Materials protected by copyright can include software, music, written works, audio and videos, photographs and electronic books (eBooks). Therefore, it is important to be aware of another person’s intellectual property rights when writing papers or researching information.
It is also important to pay attention to copyrights when dealing with software, text, music, video or other files. If any type of copyrighted material is distributed, transmitted, downloaded, displayed, or stored, it is considered copyright infringement and the act will be punished.
If copyright infringement is discovered, both the civil and the criminal penalties for it are very serious. The minimum amount of damages to be paid for each work infringed is $750, while the maximum is $30,000. A court can even order up to $150,000 per work infringed for “willful” copyright infringement. This type of infringement can also be penalized by imprisonment for a maximum of five years and/or fines of up to $250,000.
Not only is copyright infringement against the law, but it is also in violation of Eastern Michigan University’s Student Code of Conduct and Community Standards and could possibly result in permanent dismissal, depending on the nature of the offense.
EMU’s Board Policy Manual explains that anyone who is either doing University-related activities or using University facilities, equipment, or materials must get permission from the appropriate person or entity and obey the requirements of fair use.
Many people believe that if a work does not have a copyright notice then it is not copyrighted. This is false. Although this was true in the past, almost every original work created privately after April 1, 1989 is copyrighted in the USA, whether it has a notice or not. Assuming other people’s works are copyrighted should be the default to avoid copyright infringement. Although notices help with protection, they are not necessary.
Another common myth with copyrights is that it is only a violation if it has a price. However, this is also false. The main difference between charging and not charging for copyrighted works is simply how it can affect the damages awarded in court. It is still considered copyright infringement if the work is given away for free.
Students should be aware that there are many free legal sources for online music and videos. Some free music options include AOL Radio, Live365, Last.fm, Pandora Radio, Radio-Locator, SHOUTcast, Spotify, and Yahoo! Music. Some free video, television, and movie options include networks such as ABS, CBS, Fox, and NBC, as well as other providers such as Hulu or Sling.
