J3: Copyright Infringement Notice and Takedown Pursuant to the Digital Millenium Copyright Act

Responsibility for Maintenance: Information Technology Services

Date of most recent changes: January 6, 2010

I. Policy Statement  

The Digital Millennium Copyright Act (DMCA) was developed to help protect copyrighted material from being copied and shared digitally. The DMCA limits the liability of entities, such as OCC, for certain copyright infringement liability if various procedures are followed. OCC respects the rights of copyright holders and will implement and maintain appropriate policies, procedures, and guidelines to support these rights without infringing on the legal use, by individuals, of those materials. Legal use can occur by various means, including, but is not limited to, ownership, license or permission, and fair use under the US Copyright Act. 

To help prevent copyright violations, use of Peer-to-Peer (P2P) protocols, often called file sharing software, is prohibited on college and personally owned computing devices that are connected to the college network. The use of P2P programs to download, listen to, share and/or create any files that are copyrighted such as: music, video and movie files is in violation of the DMCA, which is a felony offense under New York State and Federal Law. This Policy also minimizes the risk to college PCs and the network from unwanted software and excessive bandwidth use. Any legitimate use of P2P protocols should be requested via the OCC Help Desk. 

By adopting this Policy and taking advantage of the liability protection provisions of the DMCA, OCC and the State University of New York and its member institutions do not waive any sovereign immunity or immunity under the Eleventh Amendment to the United States Constitution.  

II. Reason for Policy  

This Policy is intended to take advantage of the liability protections afforded to OCC by the DMCA and to inform students and employees of OCC’s position and procedures regarding P2P file sharing.

III. Applicability of the Policy  

The Policy applies to all members of the Onondaga Community College campus community, including faculty, staff, and students.

IV. Related Documents  

Employees and students need to be aware of the rights of copyright owners. Sources available via the Internet include:

Coulter Library’s Reference area has additional information on federal copyright law.

V. Contacts  

Subject  

Office Name  

Title or Position  

Telephone Number  

Email/URL  
Designated agent for complaints ITS Assistant Vice President (315) 498-2686 wileyst@sunyocc.edu

Education regarding copyright 
and “Fair Use” guidelines

Coulter Library

Chair

(315) 498-2340

l.m.hoff@sunyocc.edu

VI. Procedures  

Persons who are found to violate the copyright rights of others may have their access to Onondaga Community College computer systems and communications networks suspended or terminated. All instances of reported copyright violations will be reported to the appropriate Onondaga Community College authority in accordance with the appropriate policies for possible disciplinary action.

Designated Agent  

Onondaga Community College’s Designated Agent for complaints of possible copyright infringement under the DMCA is:

Steve Wiley
Assistant Vice President 
Onondaga Community College 
4585 West Seneca Turnpike 
E-mail: wileyst@sunyocc.edu 
Phone: (315) 498-2686

Complaint Notice Procedures for Copyright Owners  

Notice of alleged copyright infringement to the Designated Agent concerning information residing on Onondaga Community College’s computer systems or communications networks must contain the following:

  • A description of the works claimed to be infringed.
  • A description of the location of the allegedly infringing material sufficient for the Designated Agent to find the works.
  • Sufficient information to enable the Designated Agent to contact the complaining party.
  • A statement that the complaining party believes in good faith that the use of the material is not authorized by the copyright owner, the owner's agent, or the Copyright Act.
  • A signed statement that the information provided by the complaining party in the notice is accurate and, under penalty of perjury, that the complaining party is the copyright owner of one or more of the exclusive copyright rights or is authorized to act on behalf of the copyright owner of one or more of the exclusive copyright rights.
  • A physical or digital signature of the owner of an exclusive copyright right or the owner's authorized agent, which accompanies the statement.

Alleged Infringing Site Take Down Procedures  

When properly notified of the potential copyright infringement, the Designated Agent will make a reasonable effort to contact the site or page owner of the materials in question. There will be an attempt to secure the voluntary take down of the work, but, if the materials in question are not voluntarily taken down, then OCC will immediately disable access to the work unless it is immediately determined by the Designated Agent that the use of the material is lawful under copyright law. The owner of the site or page of the alleged infringing material may exercise their counter notice procedure rights as set forth below.

The Designated Agent may, but is not required to, undertake to determine if the material in question complies with copyright law.

Counter Notice Procedures  

After voluntary take down or if the site is involuntarily disabled, the owner of the site containing the allegedly infringing material may provide counter notification to the Designated Agent. Also, Onondaga Community College may, but is not required to, provide counter notification to the complaining party on its behalf or on behalf of its employee and student after voluntary take down or if the site is involuntarily disabled.

Counter notices can claim only that either the copyright owner is mistaken and that the allegedly infringing material is lawfully posted, or that the allegedly infringing material has been misidentified. A counter notice asserting that the allegedly infringing material is fair use of the complaining party’s work is an example of a counter notice claim that the copyright owner is mistaken in characterizing the material as infringing. Various Onondaga Community College officials may be consulted in arriving at a fair use determination.

Counter notices to the Designated Agent must contain the following:

  • A physical or digital signature of the site or page owner that contained the allegedly infringing material (the “Page Owner”).
  • A description of the materials removed and their location before it was removed.
  • A statement that the Page Owner believes in good faith that the material was removed by mistake because the material is not infringing or that the material was misidentified.
  • Sufficient information to enable the Designated Agent to contact the Page Owner (e.g., name, address, phone number, e-mail address), and the consent of the Page Owner to the personal jurisdiction of the federal district court with proper subject matter jurisdiction for any court actions arising from the infringement.
  • A statement that the Page Owner will accept service of process from the complaining party.

Access to the materials in question will be restored within 10 to 14 business days after the date the Designated Agent receives the counter notice unless the Designated Agent first receives a notice from the complaining party that an action has been filed seeking a court order to restrain the Page Owner.

The Designated Agent will promptly send a copy of any substantially conforming counter notice to the complaining party indicating that the site will be restored within 10 to 14 business days unless the Designated Agent receives a notice of court action.

 

Approved by OCC Board of Trustees April 3, 2006

Updated and approved by the President January 6, 2010