Welcome! This guide is intended to provide an overview of American copyright, however, it does not supply legal advice nor is it intended to replace the advice of legal counsel. At HPU Libraries, we are happy to help you get started with your copyright questions, whether it is for classroom use or for your research and publications.
Copyright is a form of protection given to authors or creators of "original works of authorship," including literary, dramatic, musical, artistic, and other intellectual works.
Copyright is a bundle of rights, which allow the author or creator exclusive rights, including the right to:
How long does copyright last?
The purpose of this policy is to provide the HPU community with a summary of U.S. copyright law as it relates to the use of copyright-protected works in the classrooms and libraries at HPU, and to provide guidelines and procedures for obtaining copyright permission to use these works. The policy covers issues such as photocopying, online and distance education, coursepacks, print and electronic reserves, interlibrary loan (ILL), and document delivery. This policy is not a substitute for legal advice.
To determine what works are considered “works for hire” here at HPU, please consult the Office of University Counsel, at 808-544-0296.
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.
