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What is copyright infringement?

A person who does something with a copyright protected work that only the copyright owner is entitled to do, and does so without the permission of the copyright owner, infringes copyright and can be held liable. Either civil or criminal penalties can be imposed for copyright infringement. Criminal penalties can include fines and/or imprisonment and depend on the seriousness of the infringement. While criminal penalties are usually reserved for those engaged in piracy for profit, civil penalties, including an order to pay damages or an injunction to cease infringing, can be imposed for other types of infringement. Monetary damages could be awarded to the copyright owner for loss of income occasioned by the infringement or for other losses. Statutory damages for all infringements for all works involved are limited to $5,000 if the infringements are for a non-commercial purpose. However, statutory damages increase to a maximum of $20,000 for all infringements of each work involved when the infringements are for a commercial purpose. 

Generally, the person who actually infringes the rights of the copyright owner will be held liable for the infringement. In the absence of the fair dealing exception or a license, anyone who copies a copyright protected work (e.g. scans a book, photocopies an article) without permission will be held liable for that infringement, whether that person be a student, staff member or faculty member. Staff may copy materials at the request of others (e.g., a faculty member or a student). In that case, both the person who actually infringes copyright (the staff member) and the person who requested the staff member to so infringe (the faculty member or the student) can be held liable for the infringement. In addition, you may place liability on the University if as an employee you copy works in an infringing manner in the course of your employment. Before you engage in any copying or use of copyright protected materials, please consider the parties whom you might be impacting. Please follow all University policies to ensure proper use of equipment for copying works. 

In addition to potential liability, staff at the University Libraries, Archives, Bookstore, Centre for Educational Excellence, Creative Services and Document Solutions have a professional responsibility to respect copyright law and may refuse to copy or print something if it is thought to be an infringement of copyright law.