NJIT Steps to Combat the Illegal Sharing of Copyrighted Materials
NJIT Steps to Combat the Illegal Sharing of Copyrighted Materials
NJIT Steps to Combat the Illegal Sharing of Copyrighted Materials
All members of the NJIT community are bound by U.S. Copyright Law. This site discusses copyright infringement, and steps the university takes to effectively combat the unauthorized distribution of copyrighted materials as required in the Higher Education Opportunity Act of 2008.
Summary of the Higher Education Opportunity Act of 2008
In 2008, the Higher Education Opportunity Act (“HEOA”) was signed into law as Public Law 110-315. In October 2009, the United States Department of Education published final regulations implementing HEOA. HEOA included several provisions designed to stem unauthorized distribution of copyrighted materials (e.g. music, movies, books, etc.). More specifically, these provisions require that NJIT:
New Jersey Institute of Technology endorses the guidelines set forth by The EDUCOM Code, created in 1987:
Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to work of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution. Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations may be grounds for sanctions against members of the academic community.
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.
Current 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 attorney's 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/.
The following steps are taken to educate and inform the university community on copyright and intellectual property issues:
NJIT responds with haste to investigate all reported violations of the Acceptable Use Policy for Cyber Resources in regard to copyright infringement. This includes Digital Millennium Copyright Act (DMCA) infringement claims. Reported Violations and Sanctions are handled by the Dean of Students relative to all student violations and by the appropriate university officer relative to faculty, staff, and/or university affiliate violations.
Unauthorized distribution of copyrighted material, including unauthorized peer-to-peer (P2P) file sharing is a serious offense and can lead to University disciplinary actions as well as criminal and civil penalties.
NJIT would like to offer the following information regarding alternatives to illegal file sharing:
Movie and Television Services:
Music Streaming Services:
For detailed information about copyright laws and legal consequences for violations, please see these sites: