The Higher Education Opportunity Act (HEOA) includes provisions to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. HEOA provisions require Allegany College of Maryland to:
Annual Disclosure
Allegany College of Maryland informs students about copyright infringement by:
Effective Combat Plan
Allegany College of Maryland maintains a plan to combat unauthorized distribution
of copyrighted materials through the use of technology-based deterrents. These deterrents
include active monitoring of network traffic for excessive bandwidth use and a vigorous
program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices.
Periodic Review
Allegany College of Maryland periodically reviews its plan to evaluate its effectiveness
in combating the unauthorized distribution of copyrighted materials by users of the
college network.
Legal Alternatives and Additional Information
Allegany College of Maryland endorses the list of known legitimate download sources
as published on the EDUCAUSE website.
Additional information regarding Higher Education Opportunity Act (HEOA) provisions to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing can be obtained on the EDUCAUSE website.
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 www.copyright.gov, especially their FAQ's.
