Downloading or distributing copyrighted material without authorization of the copyright holder is a violation of:
For more information on copyright at the UC, visit the following links:
Civil and Criminal Liabilities
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.
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, 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.
In addition to the possibility of civil and criminal repercussions, there are consequences from the University.
University Consequences for Non-Student Violations
DMCA violations received for non-students are forwarded to their department. Consequences for non-students will depend on the policies of their respective department and classification.
University Consequences for Summer Conference Guests
Summer Conference Guests who receive DMCA violations will have their network connection permanently blocked.
University Consequences for Student Violations
If UC San Diego receives a copyright violation notice for a computer registered to a student, we will respond in the following way:
The first notice of illegal distribution of copyrighted material is a warning, but the student's connection is blocked temporarily in case the computer has been compromised and to prevent the student from getting additional copyright violations. The following measures must be taken by the student:
Failure to comply with any of the requirements will result in the network connection getting blocked again.
A second notice of illegal distribution of copyrighted material will prompt ACMS to refer the student's case to the Office of Student Conduct. The Student Conduct Officer (e.g., Dean, Assistant Dean, Director of Student Conduct) hearing the student's case will determine when network access is re-enabled. The student may be subject to sanctions (e.g., disciplinary probation) based on the student's responsibility in the case and from previous incidents. The following are examples of what students have experienced:
The case will also become part of the student's disciplinary record at UC San Diego. The student must have a security scan done on the identified computer and attend another presentation, similar to those receiving a first violation. The student will also be required to meet with the ACMS Help Desk Manager.
Failure to comply with any of the requirements will result in the network connection getting blocked again. Note that for a second violation, the student will not have the option to be unblocked prior to completion of the entire procedure.
The student's network privileges are permanently revoked, unless significant mitigating circumstances are present. The student is also re-referred to the Office of Student Conduct for further action under the Student Conduct Code and may be subject to additional, more serious, sanctions (e.g., $300 fine, disciplinary probation for tenure and/or suspension from the University) based on the student's responsibility in the case and any previous incidents. The case will also be part of the student's UC San Diego disciplinary record.
You can find a copy of the Student Conduct Code at studentconduct.ucsd.edu and for further questions, please contact the Office of Student Conduct at (858) 534-6225.