Copyright infringement on UAA's network usually involves downloading or sharing music, movies, TV shows, games or software without the copyright owner's permission. Copyright owners and the companies they hire, such as members of the Motion Picture Association (MPA) and the Recording Industry Association of America (RIAA), monitor file-sharing networks. When they find their work being shared from a University of Alaska network address, they send an infringement notice to the University of Alaska's designated copyright agent.
Copyright infringement can be costly. In a civil case, a court can award the copyright owner $750 to $30,000 for each work infringed, and up to $150,000 for each work if the infringement was willful. Criminal penalties are also possible.
Devices on UAA's network, wired or Wi-Fi, can be identified by your UA username, the device's IP address, and the unique hardware (MAC) address of its network adapter. You are responsible for all activity from your devices and your UA account on the university network.
Who Monitors Peer-to-Peer File Sharing?
Most notices come from the RIAA, the MPA, their member companies, and monitoring firms working for them. They watch peer-to-peer (P2P) and BitTorrent networks and record the network addresses of computers that download or share copyrighted files. They then send infringement notices to the network owner, and some copyright owners file lawsuits and ask the court to require the university to identify the user.
What is the Responsibility of UAA?
Under the Digital Millennium Copyright Act (DMCA) and the Higher Education Opportunity Act (HEOA), the university must respond to infringement notices, take steps to combat unauthorized file sharing on its network, and maintain a policy for users who repeatedly infringe.
When UA receives a notice about activity from your device or account, it will:
- Forward the notice to you.
- Possibly suspend your network access until the problem is resolved.
- Possibly refer the matter for disciplinary action under university policy.
UAA Policies Governing P2P
The University of Alaska Anchorage follows federal copyright law and University of Alaska policy on unauthorized file sharing. Federal law (Title 17, United States Code, Sections 501 to 506) provides civil and criminal penalties for unauthorized reproduction, distribution, public performance or digital transmission of copyrighted works, including music, movies, software, games and books.
In short, you may not download, copy or share copyrighted material without the copyright owner's permission unless the law allows it. Content that is easy to find online is not free to share unless the copyright owner says so.
Using UA networks and computing resources means you agree to follow these policies:
Verified violations can lead to immediate suspension of network access, disciplinary action, and civil or criminal action by the copyright owner.
Summary of civil and criminal penalties
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 is 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 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, see the U.S. Copyright Office.