Campus Downloading and Copyright
What is copyright infringement and how does it affect me?
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 visit the Z. Smith Reynolds Library Copyright web page.
It is illegal to use peer to peer software like BitTorrent to share copyrighted works like music and movies. It is also illegal to copy a DVD as this requires breaking the encryption on the DVD.
Be safe! Stream or download music legally with Pandora, iTunes, or Spotify! Stream or download media legally with YouTube, Hulu, and Netflix!
Why do I need to know this?
Every year, Wake Forest University has numerous cases of students violating the Digital Millenium Copyright Act.
The average settlement fee charged by the Record Industry Association of America for illegally downloading music is $3000.
If a student doesn’t respond to a pre-litigation letter and the RIAA has to go to court, the average settlement goes up to about $4,000.
If a student decides to challenge the RIAA’s subpoena or otherwise delay a trial, the average settlement jumps dramatically to $7,000 or $8,000.