{"id":2602,"date":"2021-12-20T16:14:10","date_gmt":"2021-12-20T21:14:10","guid":{"rendered":"https:\/\/www.ncsu.edu\/?page_id=2602"},"modified":"2025-10-06T12:10:19","modified_gmt":"2025-10-06T16:10:19","slug":"copyright","status":"publish","type":"page","link":"https:\/\/www.ncsu.edu\/copyright\/","title":{"rendered":"Copyright"},"content":{"rendered":"\n\n\n\n\n

Read\u00a0a letter from the Chancellor<\/a>\u00a0about illegal peer-to-peer file sharing.<\/p>\n\n\n\n

What is copyright?<\/h2>\n\n\n\n

Copyright is a legal right to control the copying, distribution, modification, display, and performance of certain types of works. It applies to text, graphics, video, audio, and many other forms of expression.<\/p>\n\n\n

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How can I use copyrighted material?<\/h2>\n\n\n\n

In general, you must have permission from the copyright holder to copy, distribute, modify, display or perform their work. There are few legal ways you can use copyrighted material in these ways without first obtaining permission from the copyright holder.<\/p>\n\n\n

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How does the university handle infringement complaints regarding my personal use of copyrighted materials?<\/h2>\n\n\n\n

The university follows official takedown and notification procedures as established by federal law.<\/p>\n\n\n

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How does the university handle infringement complaints relating to the use of copyrighted material for official university business?<\/h2>\n\n\n\n

NC State University has the twin objectives of minimizing liability while also providing legal support for the activities of faculty and staff.<\/p>\n\n\n

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What are NC State\u2019s policies regarding electronic copyright infringement?<\/h2>\n\n\n\n

NC State will terminate the computer accounts of repeat infringers. Other disciplinary actions may also be taken.<\/p>\n\n\n

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How is peer-to-peer (p2p) file sharing software related to copyright infringement?<\/h2>\n\n\n\n

Although peer-to-peer file sharing programs are not illegal, they may be used for the illegal downloading and distribution of copyrighted materials such as music, movies and software. Uploading or downloading copyrighted material without permission can be infringement, whether it\u2019s done by p2p software or other means.<\/p>\n\n\n

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What risks am I taking by using peer-to-peer file sharing software?<\/h2>\n\n\n\n

Peer to peer file sharing and illegal downloading can be a problem for universities because the universities provide students and employees significant bandwidth distribution for research and scholarship. Sharing and\/or downloading copyrighted music, videos, and film is both illegal and against NC State policy. It is critical that students and employees understand that illegal file sharing and downloading may have serious consequences and that they should refrain from such activity. The recording and motion picture industries have adopted an increasingly aggressive position in finding and prosecuting individual infringers, particularly in the university setting, for the sole purpose of making an example of impermissible uses and deterring other infringing activities.<\/p>\n\n\n\n

The Office of Information Technology website contains helpful links about NC State\u2019s policies regarding copyright infringement and illegal file sharing<\/a>.<\/p>\n\n\n

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Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws<\/h2>\n\n\n\n

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 infringement.<\/p>\n\n\n\n

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 \u201cstatutory\u201d damages affixed at not less than $750 and not more than $30,000 per work infringed. For \u201cwillful\u201d infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys\u2019 fees. For details, see Title 17, United States Code, Sections 504, 505.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

For more information, please see the Web site of the U.S. Copyright Office<\/a>, especially their FAQs<\/a>.<\/p>\n\n\n\n

How can I lawfully download copyrighted material?<\/h2>\n\n\n\n

A highly recommended alternative is that users subscribe to a legal downloading service so they can legally and permissibly download digital media and keep themselves safe from prosecution and\/or revocation of their Internet & Computing privileges. The RIAA (Recording Industry Association of America) lists many of their approved music downloading services<\/a>.<\/p>\n\n\n\n

What is the Digital Millennium Copyright Act (DMCA)?<\/h2>\n\n\n\n

In October 1998, Congress and the President signed the Digital Millennium Copyright Act (DMCA). Of importance to universities is the provision in the DMCA which limits liability of online service providers for copyright infringement where certain preventive measures are adopted. The intent is to encourage voluntary compliance with copyright law as it applies in digital media and to discourage illegal downloads and file sharing.<\/p>\n\n\n\n

NC State has elected to comply with the conditions and procedures set out in the DMCA for notice and take down of infringing content. Owners of copyrighted works, or persons authorized to act on their behalf, who claim copyright infringement may notify NC State\u2019s designated agent of the alleged infringement.<\/p>\n\n\n\n

Below are some of the most significant provisions of the DMCA relevant to University Internet Service Providers (ISP\u2019s):<\/p>\n\n\n\n

It is a criminal offense to circumvent anti-piracy measures built into software.
ISP\u2019s, including universities like NC State, that provide bandwidth, internet, and other electronic services to their faculty, students, and staff, are not susceptible to vicarious infringement exposure due to the activity of their users simply by providing the network transmitting the illegal files, provided that the ISP complies with the requirements of the DMCA.<\/p>\n\n\n\n

Note that this \u201csafe harbor\u201d applies only to those instances where NC State acts solely as an ISP, and not as a content provider. If the person posting the allegedly infringing material is a University employee and the material is work-related, NC State would be functioning as a content provider and the \u201csafe harbor\u201d would not apply.<\/p>\n\n\n\n

ISPs are liable if they have knowledge of infringing downloads and fail to remove the infringing material from users\u2019 sites.<\/p>\n\n\n\n

To learn more, read a summary of the DMCA<\/a>.<\/p>\n\n\n\n

How do I report a copyright violation?<\/h2>\n\n\n\n

NC State\u2019s designated agent for receiving notices of copyright infringement is:<\/p>\n\n\n\n

Damon Armour, Director
Information Security Risk & Assurance (ISRA)
Security & Compliance, Office of Information Technology (OIT)
University DMCA Copyright Agent
Campus Box 7109
North Carolina State University
Raleigh, NC 27695-7109
Telephone number: 919-513-7482
Email address: copyright@ncsu.edu<\/p>\n\n\n\n

The notification must be a written communication that contains substantially the following:<\/p>\n\n\n\n