Sample Copyright Notification Letter

(Click here for PDF version of this form.)


You are receiving this notice because the University of Hawaii (UH) has received a Notice of Copyright Infringement from the Copyright Agent for the copyrighted material(s) which has been traced to your computer  (or to a computer you were using) and/or your UH Username. 

 

In accordance with the Digital Millennium Copyright Act (DMCA), UH is required to block access to the offending material(s) upon receiving the copyright infringement notice and you are also required to remove the offending material(s) from your computer.  The complete version of the DMCA can be found online at: http://www.copyright.gov/legislation/dmca.pdf

 

Downloading and distributing copyrighted materials (songs, movies, software, games, etc.) without permission or proper licensing from the copyright owner is in violation of Federal Copyright Laws.  From the U.S. Department of Education:

 

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

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 file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an 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 Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

 

 

Downloading and distributing copyrighted materials without permission or proper licensing also violates UH Executive Policy E2.210: "Use and Management of Information Technology Resources" (http://www.hawaii.edu/infotech/policies/itpolicy.html) and UH Executive Policy E7.208 “University of Hawaii Systemwide Student Conduct Code” (http://www.hawaii.edu/apis/ep/e7/e7208.pdf).

 

Subsequent violations of E2.210 and E7.208 may result in other actions in accordance with University due process.

 

Additional information about downloading can be found at:  http://www.campusdownloading.com

 

Answers to Frequently Asked Questions (FAQ) can be found at: http://www.campusdownloading.com/faq.htm

 

Legal Sources of Online Content can be found at: http://www.educause.edu/legalcontent

 

Additional information about copyright infringement at the University of Hawaii can be found at: http://www.hawaii.edu/its/filesharing/

 


To be completed by the recipient of this notice:

 

 

I understand that downloading, copying, sharing or otherwise distributing copyrighted information such as songs, movies, software, games, etc. without proper licensing or without express permission of the copyright holder or agent is ILLEGAL and also violates University policies E2.210: "Use and Management of Information Technology Resources" and E7.208: “University of Hawaii Systemwide Student Conduct Code”.

 

I understand that if a Copyright Agent decides to pursue legal action, the University will cooperate with any official investigation in compliance with Federal regulations and University polices. 

 

I agree to remove all infringing materials and will not engage in subsequent copyright piracy activities.

 

I also understand that any subsequent violations of E2.210 & E7.208 may result in other actions in accordance with University due process which may appear in my permanent University records.

 

 



Recipient’s name (Print Name)                                                                Recipient’s UH username

 


Recipient’s Signature                                                                               Date

 


UH Representative (Print Name)                                                             Date

 


UH Campus/Institution/Department/Unit

 

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Article ID: 816
Created: Thu, 19 Jul 2007 12:46pm
Modified: Wed, 09 Mar 2011 11:30am