Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act of 1998 (DMCA) is a law that protects the rights of creators and controls how digital works are used.

Digital Millennium Copyright Act and file sharing

File sharing means making files available for others to download. Peer-to-peer (P2P) file sharing is when a person's computer hosts the files for others to share. If someone shares copyrighted materials online without the owner's permission, they may be breaking the DMCA. A lot of software, games, songs, and videos shared this way are being shared illegally.

File sharing is making files available for others to download. Peer-to-peer (P2P) file sharing makes an individual's computer the host of the files to be shared. By sharing copyrighted materials over the Internet without the consent of the copyright owner, the distributor may be violating the Digital Millennium Copyright Act of 1998 (DMCA). Most of the software, games, songs and videos obtained through P2P programs are being shared illegally.

The Recording Industry Association of America (RIAA) has sued many people for illegally sharing copyrighted materials. People who break the DMCA can face large fines. They may also have to pay for damages or lost profits, or face fines of up to $150,000 for each copyrighted work they shared. If someone tries to make money from file sharing, they could even end up in prison.

The elements of notification

To be valid under 17 U.S. Code § 512, a notification of claimed copyright infringement must be a written communication sent to the designated agent of the service provider and include the following information:

1. Signature: A physical or electronic signature from a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work: The work that is being claimed to be infringed.
3. Identification of the infringing material: Details about the material that is allegedly infringing, with enough information to help the service provider locate it.
4. Contact information: Sufficient details to contact the person filing the complaint, such as an address, phone number, and email (if available).
5. Good faith statement: A statement from the complainant that they believe the use of the material is not authorized by the copyright owner, their agent, or the law.
6. Accuracy statement: A statement confirming the accuracy of the information in the notification and a declaration, under penalty of perjury, that the person filing the notice is authorized to act on behalf of the copyright owner.

To make a complaint to TAMU-CC, email the Office of Information Security.

Copyright infringement policies and sanctions

Texas A&M University-Corpus Christi (TAMU-CC) works to protect the integrity of its network for educational and research purposes. It bans the use of its network for illegal activities, including violating copyright laws. Distributing copyrighted materials without permission, such as unauthorized peer-to-peer file sharing, is illegal and can lead to civil and criminal penalties. It may also violate the university’s policies on IT acceptable use for employees or the student code of conduct.

What is copyright infringement?

Copyright infringement happens when someone uses the exclusive rights of a copyright owner without permission (see 17 U.S. Code § 106 - Exclusive rights in copyrighted works). These rights include the ability to reproduce or share copyrighted works. In the case of file sharing, downloading or uploading significant portions of copyrighted material without permission is considered infringement.

Penalties for copyright infringement

• Civil penalties: Fines ranging from $750 to $30,000 per work that is infringed. If the infringement is willful (intentional), the fine can be as high as $150,000 per work. Court costs and attorney's fees can also be added.
• Criminal penalties: Willful infringement may result in imprisonment for up to five years and fines of up to $250,000 per offense.

For more details, refer to 17 U.S. Code § 504 - Remedies for infringement: Damages and profits and 17 U.S. Code § 505 - Remedies for infringement: Costs and attorney’s fees.

For more information about DMCA, please see the The Digital Millennium Copyright Act website.

What happens if TAMU-CC gets a DMCA violation notice about a student?

If the university receives a notice of alleged copyright infringement, TAMU-CC must act quickly to address it. Typically, the student will be contacted by the Office of Information Security, notifying them of the complaint and identifying their IP address. The student must confirm receipt of the notice and take appropriate action.

If the student ignores the notice, their network connection may be disabled and/or they may be required to attend a Student Conduct Hearing. Depending on the outcome, the student could face sanctions ranging from a warning to expulsion from the university.

Policy Effective Date: December 5, 2024