property. Foothill College supports the Higher Education Opportunity Act and 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 are violations of the law and may subject you to academic sanctions from the college as well as criminal and civil penalties, including a lawsuit against you by the Recording Industry Association of America (RIAA). Learn more at www.campusdownloading.com. 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 conduct responsible use of the Internet. Review these policies at www.foothill.fhda. edu/services/studentright.php#misuse. 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.riaa.com.
Summary of Civil & Criminal Penalties for Violation of Federal Copyright Laws 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 the Copyright Act. These rights include the right to reproduce or distribute a copyrighted work. In the fi le-sharing context, downloading and/or uploading substantial parts of a copyrighted work without authority constitutes an infringement. For details, review U.S. Code Title 17; Section 106. Civil and criminal penalties are applicable for copyright infringement. 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 also assess related costs and attorneys’ fees. 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 details, review U.S. Code Title 17; Sections 504–505. For more information, review the U.S. Copyright Office website at www.copyright.gov, especially the FAQ at www. copyright.gov/help/faq.
Misuse of Computer Information & Resources Policy This administrative procedure implements FHDA Board Policy 3250: Procedures Regarding Misuse of Computer Information. Abuse of computing, networking or information resources contained in or part of the district network may result in the loss of computing privileges. Additionally, abuse can be prosecuted under applicable statues. Users may be held accountable for their conduct under any applicable district or college policies, procedures, or collective bargaining agreements. Complaints alleging abuse of the district network will be directed to those responsible for taking appropriate disciplinary action. Illegal reproduction of material protected by U.S. Copyright Law is subject to civil damages and criminal penalties, including fines and imprisonment. Examples of behaviors constituting abuse which violate District Board Policy 3250 include, but are not limited to, the following activities:
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Foothill College Course Catalog 2012–2013 • www.foothill.edu