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. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.
8. Intellectual Property Ownership Policy A. Introduction Franklin College ("College") recognizes and is committed to encouraging research, and creative activity through multiple forms of artistic expression, and encourages the publication of the products of these creative activities. The college is also committed to the protection of the intellectual property rights of faculty, staff, and students, as well as the rights of the college. B. Copyright Law and Intellectual Property The protection of all creative works and intellectual property depends on the existence and the application of the federal Copyright Act. A brief summary of copyright law as well as the penalties and disciplinary actions for infringement of the law can be found here: http://franklincollege.libguides.com/copyright. While not a requirement for claiming copyright ownership, it is highly recommended that all intellectual property works be identified with author's name, date of creation, and revision date(s). A notice of a copyright claim by the author can serve as fair warning and a deterrent to anyone who might be tempted to inappropriately use materials that are under copyright protection. The college is not responsible for policing the use or misuse of intellectual property that resides in shared resource locations such as the college’s Learning Management System or the college's intranet. C. Copyright Ownership 1. Staff, administrators, and other non-faculty employees In general and as a default, Franklin College owns the copyright to any works created by its employees in the course of their college duties ("work for hire"). This includes, but is not limited to, copyright in works such as publications, software, web design, graphic and artistic work, photographs and other visual images, and audio recordings. The college may, at its discretion, grant the employee a non-exclusive license to use the work for mutually-agreed purposes if an employee requests it. Any such agreement shall be in writing and signed by both parties. 2. Faculty “Faculty,” as used in this section, means tenured, tenure-track, term, and parttime faculty. “Faculty” includes staff, librarians, and administrators when they create work while teaching a course for credit. It is a tradition among institutions of higher education to acknowledge that faculty members hold copyright to their intellectual property created while Page -14
