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Carroll University is a strong proponent of copyright law and other protections for intellectual property rights.  Organizations such as the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), the Entertainment Software Association (ESA), and others, monitor file sharing systems on the Internet. Peer to peer (P2P) file sharing of digital media protected by copyright is a violation of Federal law and university policy.

When any entity discovers an instance of copyright infringement by any means including illegal file sharing originating from within Carroll University’s campus network, that entity will send an official notice of infringement to the university. Upon receipt of this notice, the university must take action to identify the source and stop the activity responsible for the copyright infringement.

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.  See the following U.S. Government website for more information:   http://www.copyright.gov/title17/92cap5.html. Almost all forms of original expression that are fixed in a tangible medium are subject to copyright protection, even if no formal copyright notice is attached. Individuals should assume materials that can be found on the Internet are protected by copyright unless a disclaimer or waiver is expressly stated. The copyright holder has extensive rights; permission must be obtained from the copyright holder to copy, use, display or retransmit the material.

Placing materials owned by others on a web page, or for other use or display, without the express permission of the copyright owner.

Displaying pictures or graphics created by others.

Offering sound, video or other forms of digital recordings produced by others.

Linking to pages within a site without first accessing the web site home page or to pages with infringing materials

Downloading songs, films or books using Peer to Peer applications such as LimeWire, Bittorrent or Gnuttella from a social network or any non-licensed source.

First Infringement Notice

Student(s), when logging in, will be redirected to a webpage explaining that the university has received information indicating that they have been identified as allegedly engaged in a violation of copyright laws.

The student(s) will have three business days to comply with the instructions on the webpage and to follow-up with the Information Technology (ITS) help desk.

Serious first-time infringements may be referred to the Office of Student Conduct for adjudication.

Failure to comply with and/or to meet the expectations outlined in the above mentioned webpage, will result in the alleged infringement being referred the Office of Student Conduct for adjudication.

If the student(s) are found to have violated the copyright infringement policy, the student(s) access to the university network will be shut off for seven calendar days and may receive additional sanctions.

A record of the infringement will be kept in the student(s)’ conduct file.

Second Infringement Notice

Student(s), when logging in, will be redirected to a webpage explaining that the university has received information indicating that they have been identified as allegedly engaging in a violation of copyright laws.

The student(s) will have three business days to comply with the instructions on this webpage and to follow-up with the Information Technology Services (ITS) help desk.

The alleged infringement will be referred to the Office of Student Conduct for adjudication.

If the student(s) are found to have violated the copyright infringement policy the student(s) access to the university network will be shut off for 30 calendar days and may receive additional sanctions.

A record of the infringement will be kept in the student(s)’ conduct file.

Third Infringement Notice

Student(s), when logging in, will be redirected to a webpage explaining that the university has received information indicating that they have been identified as allegedly engaging in a violation of copyright laws.

The student(s) will have three business days to comply with the instructions on this webpage and to follow-up with the Information Technology Services (ITS) help desk.

The alleged infringement will be referred to the Office of Student Conduct for adjudication.

If the student(s) are found to have violated the copyright infringement policy the student(s) access to the university network will be shut off for the remainder of the semester or 30 calendar days, whichever is longer, and the student may receive additional sanctions.

A record of the infringement will be kept in the student(s)’ conduct file