The University expects all users to comply with the applicable laws governing copyrighted digital material. It is the intent of Caldwell University to inform students about copyright law and campus policies related to violating copyright law as well as civil and criminal penalties for unauthorized distribution of copyrighted materials. Violators of the Copyright Policy are subject to disciplinary action. Sanctions may include suspension of access to University networks. The University will periodically review this policy to ensure effectiveness.

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 filesharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes 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.

For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

EDUCAUSE provides a comprehensive list of legal downloading resources on its website at http://www.educause.edu/legalcontent. Users are directed to this website for links to appropriate sites.

The University employs technology based deterrents in compliance with the Higher Education Opportunity Act of 2008. This includes accepting and responding to DMCA notices. To report any suspected electronic copyright infringement originating at Caldwell University, please contact the designated agent (per the DMCA) listed below:

Michael Galvin
Chief Financial Officer and Vice President of Finance
mgalvin@caldwell.edu

120 Bloomfield Avenue
Caldwell, NJ 07006

P: 973-618-3230

A notification of claimed infringement must include:

• A physical or electronic signature of the copyright owner or an authorized agent. Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, with enough detail for the college to locate it on the network (e.g., specific URL).
• Information reasonably sufficient to permit the college to contact the complaining party (email, phone, address).
• A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

Caldwell University designated DMCA agent:

Michael Galvin
Chief Financial Officer and Vice President of Finance
mgalvin@caldwell.edu

120 Bloomfield Avenue
Caldwell, NJ 07006

P: 973-618-3230