Title II of the Digital Millennium Copyright Act (the “DMCA,” amending Title 17 of the United States Code ) provides procedures that may be used by an Internet Service Provider (“ISP”) in dealing with claims of infringement. the University of Mary Washington is an ISP for its own communities of students, faculty and staff and for others using the UMW domain — signified by the address “umw.edu” or within the range of Internet protocol addresses assigned to UMW.
The University will follow the following process if it receives a notice from a copyright owner alleging an infringement:
- The University will decide whether it can — and wishes to — use the DMCA process .
- If the University qualifies for the DMCA process and wishes to follow the law’s detailed procedures, it will respond to the notice by giving notice to the owner of the page, taking down the allegedly infringing material .
- If the page owner files a counter-notification, the University will respond to the counter-notice and repost the material unless the complainer files an action to obtain a restraining order.
- If the University cannot or chooses not to use the DMCA process, it will respond the way it has responded to any allegation of infringement prior to passage of the DMCA.
The material below explains these and related matters in greater detail.
|Designating an Agent to Receive Notices||To use the DMCA process, the University is required to make it easy for copyright owners to provide information about alleged infringements. To meet this responsibility, the University has publicly designated an agent to receive such information (see 37 CFR 201.38). The University’s agent is registered with the U.S. Copyright Office, and the listing of agents is available on-line at http://www.copyright.gov/onlinesp/list/index.html . The University’s agent is:
Ray Usler, ISO
University of Mary Washington
1301 College Avenue, Fredericksburg, VA 22401
(telephone) (540) 654-2246
(e-mail) firstname.lastname@example.orgThe agent, in consultation with appropriate University officials, will make the determinations described below regarding responses to complaints alleging copyright infringement, including whether the institution wishes to use the DMCA procedures and whether a notice received is sufficient under the law.
|Linking to copyright
policy and education materials
|The DMCA requires that the University provide information to all of its Internet-service users accurately describing and urging compliance with copyright law. The University has established policy on this topic (see, for example, the network and computer use policy. It periodically calls attention to such policies.|
|DMCA process and other means of responding to complaints of copyright infringement||The University may use the Digital Millennium Copyright Act (DMCA) process for handling allegations of copyright violations within the University’s domain if it is acting as a content-neutral Internet service provider (ISP) and not as a content provider. The University assumes editorial responsibility for official University of Mary Washington web sites and official UMW on-line resources, which are defined as the official web pages or on-line materials of UMW departments, divisions and other units. For these sites and resources, UMW is the content provider and not a content-neutral ISP. You may also find within the UMW domain — signified by the address “umw.edu” or within the range of Internet protocol addresses assigned to the University — web sites or on-line materials over which the University has no editorial responsibility or control. Such sites include but are not limited to the web pages or other on-line materials of individual faculty members or students, individual class sites and materials, and the web pages or on-line materials of student organizations and other organizations not formally a part of the University. For these sites and materials, UMW is a content-neutral ISP and may choose to use the DMCA process for handling copyright-infringement complaints.|
|Choice of Response to Copyright Complaints||Even if the University is eligible to use the DMCA-defined processes, which are entirely voluntary for both copyright owners and ISPs, there may be times when it will not use them, especially when alternatives will more quickly resolve the matter to the satisfaction of all parties. If the University chooses the DMCA-defined processes, it will follow the sequence of steps described in the next two sections.|
|DMCA Processes: Take-down and Notice||The DMCA-defined processes involve the following steps on the part of the University:The University will evaluate the notice to be sure it substantially conforms to the statutory requirements.The notice must have all of the following :
If the notice substantially conforms, the University will notify the page owner of the allegation of infringement and will secure voluntary take-down of the work or disable access.
If the notice fails substantially to conform, but the problems are all with requirements 1, 5 or 6 above, the University may contact the copyright owner and try to get the necessary information. The University may do this by supplying the complainer with a copy of or a reference to Section 512 (c) (3) (A) (for notices alleging that content infringes) or Section 512 (d) (3) (for notices that allege that information location tools such as links contribute to infringement of a work).
If the complainer sends the rest of the information, the University will notify the page owner of the allegation of infringement and secure voluntary take-down of the work or disable access to the work.
If the complainer does not respond, or if the notice is nonconforming with respect to requirements 2, 3 or 4 , the University may ignore the notice, but will retain it along with a copy of any correspondence attempting to obtain more information to demonstrate that the University did not receive a conforming notice and what it did to try to get one.
|DMCA Processes: Counter-notification||After the page owner voluntarily takes down the page or the University arranges to disable access to it, the University may receive a substantially conforming counter-notification from the page owner. Counter-notices can only claim two things: (i) that the copyright owner is mistaken and that the work is lawfully posted or (ii) that the work has been misidentified. A page owner may assert that a use of another’s work qualifies as a fair use and so the copyright owner is “mistaken” in characterizing it as infringing. Counter-notices from page owners must contain the following:
If the University receives notice that the complainer has filed an action seeking a court order to restrain the page owner, the University will not repost the allegedly infringing work. It will forward the notice to the page owner and to appropriate officials (i.e., the Office of the Attorney General) for response.
Revisions and Approvals
|V1.1||June 21, 2010||Approved||D. German|
|V1.2||October 25, 2012||Minor amendment||Change of agent from CIO to ISO||S. O’Brien|