dmca Copyright infringenment Policy and procedure

Policy / Procedure for DMCA Infringement Reports - September 2008

Pursuant to the provisions of the Digital Millennium Copyright Act, Purchase College receives DMCA Copyright Infringement Notices alleging that computer(s) registered to Purchase College IP addresses are allegedly illegally infringing on copyrighted materials belonging to others.  Infringement of copyright is a violation of Federal law, and the violator is subject to both substantial fines and civil damages.

Under the DMCA, as an Internet Service Provider (ISP), the College is obligated to expeditiously remove or disable the allegedly infringing material and notify the subscriber of its actions in what is referred to as “notice and take down procedure.”  The Purchase College DMCA Infringement Procedure is as follows: 

1. RIAA, MPAA and various agents report alleged copyright infringements to the college’s named DMCA agent, CTS.

2. CTS identifies the computer, the room, and the owner of the computer, and records the DMCA case number, name, other information in a DMCA incident report ticket.

3. CTS places the computer in question into a restricted network

4. The computer owner’s name is forwarded to the Vice President of Student Affairs and to the Office of Community Standards in the form of a DMCA Violation Letter that includes the specific information contained in the Violation Notice received by the College.

5. Student Affairs Refers student to the Office of Community Standards for possible disciplinary action.

6. VP Student Affairs or the Office of Community Standards will notify CTS if/when the individual’s computer should be removed from the restricted network once the Office of Community Standards has completed its process.

The College also recommends  that all students watch the BYU video “Copyright 101” and/or take the University of Texas Copyright Crash Course or take other appropriate steps to further their understanding of copyright infringement.

Counter Notice

Under the Act, the College is obligated to inform you of certain requirements of that Act.  You have the right under the Act to send a counter notice that you are not in violation or that the violation has ceased.  That notice must be in the form required by the Act, and you are advised to seek legal counsel at your expense for appropriate advice on the form of any counter-notice.  The specific statutory language is as follows: (17 USC 512(g)(3)): Contents of Counter-Notification: To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:

(A)          A physical or electronic signature of the subscriber.
(B)           Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C)           A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D)          The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.

The above is provided for your information only, not as advice, nor is it an attempt at stating the law or your responsibility.  You should review the entire Act with your attorney.