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, Sections 504 and 505 of the United States Code.
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 University of San Diego’s resources may not be used to support the unauthorized distribution of copyrighted materials. Copyright infringement is prohibited by the university’s Policy on Responsible Use of University Computing Resources and by the Student Code of Rights and Responsibilities. Violations of these policies can result in denial of access to the university’s computing resources and/or other disciplinary action, up to and including separation from the university.