Illegal Distribution of Copyrighted Materials

De Anza College students are prohibited from using the Foothill-De Anza (FHDA) Community College District’sinformation network to illegally download or share music, video and all other copyrighted intellectual property. De Anza College supports the Higher Education Opportunity Act and the Digital Millennium Copyright Act including efforts to eliminate the illegal distribution of copyrighted material. Under the law, college administrators may be obligated to provide copyright holders with information about users of the FHDA information network who have violated the law.

Be aware that illegal forms of downloading and file-sharing as well as the unauthorized distribution of copyrighted materials, including unauthorized peer-to-peer file sharing, are violations of the law and may subject you not only to academic sanctions from the college but also criminal and civil penalties, including a lawsuit against you by the Recording Industry Association of America (RIAA). Learn more at www.campusdownloading.com.

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 and 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 at www.copyright.gov/help/faq.

In addition to being illegal, file sharing drains the FHDA network’s bandwidth, which slows computer connections for students and employees who are using the network for legitimate academic purposes and ultimately costs the college money.

The college has developed policies and consequences to ensure that students respect music and other forms of intellectual property as well as make responsible use of the Internet. There are plenty of easy, affordable ways to get music online legally. To protect their intellectual property, companies have licensed hundreds of digital partners that offer a range of legal downloading options, including download and subscription services, legitimate peer-to-peer services, video-on-demand, podcasts and CD kiosks. For a list of sources that offer legal downloading sites, access www.campusdownloading.com/legal.htm or www.educause.edu/Resources/Browse/LegalDownloading/33381.








Communications Office
Phone: 408.864.8948

Last Updated: 7/28/10