|
Digital
Millennium Copyright Act >
Smith
College Policy on the Acceptable Use of Computer Resources >
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:
1. 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;
2. A description of the works
claimed to be infringed;
3. A description of the allegedly
infringing works, sufficient to enable the agent to find them;
4.
Sufficient information to enable the agent to contact the
complainer;
5. 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
6. 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:
1. A
physical or digital signature of the page owner;
2. A description
of the material removed and its location before it was removed;
3.
A statement that the page owner believes in good faith that
the material was
removed by mistake
or
because it
was misidentified;
4. 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
5. 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:
1. 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
2. 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:
1. Not repost
the allegedly infringing work while court
action is pending;
2.
Forward the notice to the page owner; and
3. 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).
|
