1986 Policy and Guidelines on the Reproduction of Copyrighted Materials for Teaching and Research

Guidelines

V. Infringement

Owners of copyrights can attempt to halt infringement by suing for injunctions, impounding or destruction of infringing articles, and can seek costs of suit and attorneys' fees. Additionally, they can seek recoup actual money damages suffered by the copyright owner as well as the infringer's profits. When there are only nominal monetary losses, owners can, instead of seeking their actual damages, claim "statutory" damages up to $10,000 (or up to $50,000 if the infringement was "willful"). The University will defend an employee who photocopies in the course and scope of his or her employment duties.

Even if the copying is held to infringe, the Copyright Act exempts employees of non-profit educational institutions, libraries, or archives from statutory damages, if the employee believed that the copying was a fair use and had reasonable grounds for that belief. Adhering to the Guidelines in III and IV above should afford reasonable grounds for believing one is engaging in "fair use".