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Smith College has registered the following
agent with the Copyright Office:
Herbert Nickles
Executive Director for Information Technology Services
Stoddard Hall Room 12
Smith College
Northampton, MA 01063
Phone: (413) 585-3770
Fax: (413) 585-3073
Email: hnickles@smith.edu
Written notification of allegedly infringing
work must be sent to the college's agent at the above address. The notice must include
ALL of the following:
- A physical or digital signature of the owner of an exclusive copyright right
(i.e., the copyright owner himself or the owner's exclusive licensee of the right(s)
to reproduce, distribute, display, perform or create derivatives) or the owner's
authorized agent;
- A description of the works claimed to be infringed;
- A description of the allegedly infringing works, sufficient to enable the agent
to find them;
- Sufficient information to enable the agent to contact the complainer;
- A statement that the complainer believes in good faith that the use of the material
is not authorized by the owner, the owner's agent or the law; and
- A statement that the information in the notice is accurate and, under penalty
of perjury, that the complainer is authorized to act on behalf of the owner of
one or more exclusive copyright rights.
Individuals who wish to submit a notice are referred
to the Digital
Millennium Copyright Act 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).
The college's agent will review the notification to
be sure it substantially conforms to the statutory requirements. If the notice substantially
conforms, the agent will take reasonable steps to 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 notice fails substantially to conform, but the
problems are with requirements 1, 5 or 6 above, the agent will contact the complainer
and try to obtain the missing information. If the complainer provides substantially
conforming information, the agent 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 notice is nonconforming with respect
to requirements 2, 3 or 4, or if the complainer does not respond to the agent's request
for additional information, the agent will ignore the notice. The agent will archive
the notice along with a copy of any correspondence attempting to obtain additional
information.
After the page owner voluntarily takes down
the page or the college's agent disables access to it, the college or the page owner
may decide to proceed to counter-notification.
Counter-notices can only claim: (1) that the copyright
owner is mistaken and that the work is lawfully posted or (2) 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 must contain ALL of the following:
- A physical or digital signature of the page owner;
- A description of the material removed and its location before it was removed;
- A statement that the page owner believes in good faith that the material was
removed by mistake or because it was misidentified;
- The page owner's name, address and phone number and his or her consent to jurisdiction
of the Federal District Court for that address or any Federal District Court if
the address is foreign; and
- A statement that the page owner will accept service of process from the complainer.
The page owner must send the counter notification to
the college's agent who will:
- Promptly send a copy of any substantially conforming counter-notice to the complainer
indicating that the college will restore access in 10 business days; and
- Restore access to the allegedly infringing work within 10 to 14 business days
after the day the agent receives the counter-notice, unless the agent first receives
a notice from the complainer that he or she has filed an action seeking a court
order to restrain the page owner.
If the agent receives notice that the complainer has
filed an action seeking a court order to restrain the page owner, the agent will:
- Not repost the allegedly infringing work while court action is pending;
- Forward the notice to the page owner; and
- Forward the notice to the appropriate college administrator (the Provost/Dean
of the Faculty if the page owner is a faculty member, the Dean of the College if
the page owner is a student, or the Vice President for Finance and Administration
if the page owner is a staff member).
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Related
Links
Digital
Millennium Copyright Act (PDF)
Smith
College Policy
on the Acceptable
Use of Computer Resources |
