The Digital Millennium Copyright Act of 1998 amended U.S. copyright law to limit liability for an infrastructure provider (or "service provider") for information residing, at direction of a user, on a system or network that the service provider controls. The College in providing computers, storage, or network connection is a service provider. A College employee, student, or guest in providing content is a user.
The service provider claiming this limited liability must do several things:
1. The service provider must designate an agent to receive claims of copyright infringement, initiate takedown, receive counter-claims, and initiate restoration as appropriate.
2. The service provider must also inform users of policy that terminates service for infringements.
3. The service provider must register the DMCA agent with the U.S. Copyright Office.
4. The service provider must also identify this agent through "its service including on its website in a location accessible to the public". Le Moyne College requires each Le Moyne College web server and other information servers liable to copyright concerns to list on the "front page" a link or reference to the central web page identifying the LE Moyne College DMCA agent. This central web site will also list resources that will help College members with intellectual property issues.
Le Moyne College Procedure on Enforcement of Intellectual Property Rights
The following procedures implement Le Moyne College enforcement of the U.S. Digital Millennium Copyright Act of 1998, sections (512)(c)(1), (512)(e)(1)(C), and especially (512)(g). Other documents on this site implement other aspects of the DMCA, including: designation of central DMCA Agent, identifying the DMCA agent on websites, and warning users of penalties for infringing copyright. The following procedures, including use of the central DMCA agent, should prove expedient to all concerned in handling other varieties of intellectual property dispute besides copyright.
1. The College's registered DMCA agent will receive claims of infringement. Claims may come from inside or outside the College. The law requires such claims to contain certain information including location of infringing materials.
2. The DMCA Agent should promptly acknowledge receipt of each infringement claim. DMCA (512)(c)(3)(B)(ii) requires that if the claim fails to comply substantially in supplying information, the service provider should promptly attempt to contact the person making the notification or take other reasonable steps to assist in the receipt of notification that substantially complies.
Do not in this acknowledgement affirm or deny the correctness of the claim.
3. The registered DMCA agent will coordinate activities, keep records required to track repeat offenses, and assure proper closure of all incidents. The DMCA Agent and those acting for the DMCA Agent must be careful to:
5. In terms of College reaction, there are roughly three levels of materials subject to claims of intellectual property infringement.
(a) Beyond the messenger role defined by the Digital Millennium Copyright Act, the College is not obligated to assist in counter claims involving materials or activities not essential to College missions. (b) For materials used for authorized instruction, research, service, or journalism, the College may have a stake in assisting its members. Also, the DMCA defines special treatment for these. (c) For materials or activities created typically by College staff in support of College business, the College would not typically enjoy DMCA legal protections. Nevertheless, the centralized coordination and other DMCA procedures listed in this policy should prove expedient for all concerned. College officers should promptly determine whether the material or activity merits withdrawal or defense.
6. On receipt of an acceptably complete claim of infringement, DMCA (512) (g) requires the registered agent to direct prompt removal of material or removal of all local or wide-area network access to the material or activity claimed to be infringing. This takedown may proceed regardless of fees paid to College agencies. This takedown must impact essential College activities as little as possible in effecting immediate compliance, and must arrange that College agents can restore the material or activity.
7. The registered College agent or the agent's delegate will take reasonable steps to promptly notify the subscriber/user of the takedown. This notice will specify information required to make a counter claim, and other information explaining applicable due process rights. Click the area below for a form letter notifying a College member of infringement. You should combine this with the content of the claim notice. You may also be prudent to serve this notice also by telephone, the postal service, or a face-to-face visit.
8. If the subscriber/user files a DMCA counter-claim through the registered College agent, then the College will restore materials or access if both: (a) the College has not received notice of a court order regarding these materials or activities, in the manner and time that the law defines; and (b) if the registered College agent judges that the material does not pose significant legal risk which the College is unwilling to support, and that the material positively fulfills College missions and standards of acceptable use.
9. Regarding this latter judgment, the institution may lose DMCA protection (under DMCA (512)(e)(1)(C)) if within the preceding 3-year period it has received more than two notifications of claimed infringement by a faculty member or graduate student in teaching or research. The College may lose liability protection for even the first infraction for non-teaching, non-research materials made for the College. Materials that do not serve a College's mission may pose more risk than perquisite value. Thus, the College may require broad reduction of technology access as part of containment or disciplinary measures for repeat problems.
A College has a copyright committee that refines the College's copyright guidelines.
Online Copyright Infringement Liability Limitation Act, available via the Library of Congress DMCA page, lcweb.loc.gov/copyright/onlinesp.
Other reading: