Le Moyne College Main Internet Domain: lemoyne.edu
The Digital Millennium Copyright Act requires that a claim of copyright infringement sent to our designated agent provide certain information specified below.
DMCA section (512) (f) defines penalties for knowingly misrepresenting a claim.
DMCA Section 512 (c) (3) (A) requires the following of notices alleging copyright infringement:
ELEMENTS OF NOTIFICATION. To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [As an electronic signature, our agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.]
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. [Please include a URL such as http://... or ftp://... identifying the material or representative material. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and time zone from which the material was observed. Technicians may require time information in order to identify dynamically assigned Internet locations.]
- (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Section 512 (d) (3) requires similar information for notices requesting removal of links or other references to infringing materials.
The DMCA requires prompt acknowledgment and action from the registered DMCA agent. The registered DMCA agent will forward any counter claims. Laws such as the U.S. Family Educational Right to Privacy Act may control to what extent the College can identify specific members or how to contact them. The DMCA states that someone wanting to make a counter claim must provide adequate identification and contact information.
The Digital Millennium Copyright Act Section 512 (g)(3) requires that a counter claim of copyright infringement provide certain information specified below. DMCA Section 512 (f) defines penalties for knowingly misrepresenting a counter claim.
(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.
[As an electronic signature, our agent accepts facsimile/fax and digitized image of signature attached to electronic mail.]
(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.
[This information will normally be included in the notice you receive from the DMCA Agent. You may want to expand on it or distinguish some materials from others. Please include a URL such as http://... or ftp://... identifying the material or representative material. Specify any IDs, passwords or other authorization required to access the material.]
(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.
[If you have any permissions for subject materials, please identify them. If you believe materials to be quotable under Fair Use doctrine, please state your case with reference to the four principles of Fair Use.]
(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 (c)(1)(C) or an agent of such person.
Once the complaining party receives your claim, the DMCA permits your service provider, the College, to restore materials or access in 10-14 business days--unless the complaining party serves notice that it intends to seek a court order to restrain infringement. Le Moyne College policy may mandate for other reasons that materials or access not be restored, and that other investigation, containment, or disciplinary measures proceed.
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.
Guidelines For DMCA Agents
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:
protect rights of intellectual property owners as defined by law, Le Moyne College policy, and accepted standards of academic behavior;
protect rights and due process of those accused of infringement--particularly if Fair Use protection may apply;
generally support the authorized instruction, research, and service missions of the College; and
check with the registered DMCA agent when any question arises in pursuing the above.
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.
Notice to Le Moyne College User
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.
DMCA reference materials
Online Copyright Infringement Liability Limitation Act, available via the Library of Congress DMCA page, lcweb.loc.gov/copyright/onlinesp.