Copyright Compliance FAQ

Frequently Asked Questions - Electronic Materials

Am I A violator?

If you are someone who shares electronic files, documents, programs, games, etc., the question is whether or not you have permission to distribute or reproduce copyrighted works. Are you authorized by the owner of the copyright to reproduce or distribute the materials? If so, you are exercising "fair use" when you share these files with others. If not, you are a direct infringer and can be subject to penalties if you are identified.

If files you are sharing are home movies of your vacation and friends, you own the copyright to these films and are permitted to reproduce, distribute and play them. However, if you have acquired, and are distributing, unlicensed copies materials such as Austin Powers, MP3's of Eminem, Diablo, Madden NFL 2002, Family Guy, West Wing or the latest Microsoft Office installation CD, you are in direct violation of FSU policies and other copyright laws. In this case, you have violated one or more of the copyright owner's exclusive rights.

For engaging in conduct that violates University copyright policy, you may have your FSU computer account privileges revoked, face University judicial or disciplinary action and/or prosecution. Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations.

STOP IMMEDIATELY! You should remove any and all file-sharing programs AND unauthorized materials from your computer. If you have any difficulties with this, you can call the FSU Help Desk at 644-8502.

You can contact the FSU Office of Audit Services at:

Florida State University
Office of Audit Services
407 Westcott
P.O. Box 3061390
Tallahassee, FL 32306-1390

Phone: (850) 644-6031
Email: auditservices@admin.fsu.edu

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Will Faculty Members Who Assign Customized Course Anthologies, Or The Colleges At Which They Teach, Be Liable For Copyright Infringement?

Anyone who violates any of the exclusive rights of the copyright owner is an infringer.

Would I Infringe Someone's Copyright If I Were To Make Multiple Copies And Either Distribute Those Copies For free, Or Require Their Return After Use?

You may be infringing. You do not have to sell the copies (or permanently dispose of them) in order to infringe the copyright owner's rights.

Can I Legally Copy A Work I Bought Without Infringing The Copyright?

The purchase of a work does not give you automatic authority to copy the work unless such copying is consistent with state, federal and school copyright policies, rules, laws, etc. The purchaser of a work owns only that copy of the work. In addition, the purchaser does not own any rights in the copyright covering the contents of the purchased copy.

What Are The Penalties For Copyright Infringement?

Federal law provides that in a civil suit the copyright holder is entitled to recover actual damages and any profits made by the copyright infringer, or can elect to receive statutory damages from $750 to $30,000 for each infringement. In the court's discretion and if intent is proved, the upper limit can move to $150,000. If the court determines that the infringer was not aware and had no reason to believe that the acts constituted a infringement, statutory damages of not less than $200 per infringement will be assessed. The court may also award costs and attorney's fees to the prevailing party. Criminal prosecutions of willful copyright violations can result in penalties ranging from one to ten years imprisonment as well as fines. (17 U.S.C. §§ 504, 505, and 506; 18 U.S.C. § 2319).

Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations.

For additional information or to report suspected violations Contact the FSU Office of Audit Services at

Florida State University
Office of Audit Services
407 Westcott
P.O. Box 3061390
Tallahassee, FL 32306-1390

Phone: (850) 644-6031
Email: auditservices@admin.fsu.edu