5.03.001.006 Digital Millennium Copyright Act (DMCA)

Category: FINANCE FACILITIES AND TECHNOLOGY
Section: COMPUTER AND TECHNICAL RESOURCES
Policy: Computer and Technical Resources
Approved: 5/7/2009
Approved By: President's Staff

The Community College of Beaver County will promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA").

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement must be in writing.  When informing the designated agent of an alleged copyright infringement, the complainant must:

  1. Identify the copyrighted work that allegedly has been infringed.  If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
  2. Describe the material that is claimed to be infringing and provide sufficient information to permit Community College of Beaver County to locate that material.
  3. Provide your contact information, including an address, telephone number, and, if available, an email address.
  4. Certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
  5. Certify that the information that you have provided Community College of Beaver County is accurate.  The complainant should attest under penalty of perjury that they are authorized to enforce the copyrights that have allegedly been infringed.
  6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.

Before the complainants allege an infringement, they should consult copyright materials to confirm that the use is, in fact, infringing.  The United States Copyright Office provides basic information online at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

Notice, Takedown, and Put Back Procedure

The Community College of Beaver County expects all users of its system to comply with applicable copyright laws.  However, if the Community College of Beaver County is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing.  The Community College of Beaver County will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, "put back" of the alleged infringing material.  Refer to the United States Copyright Office for the provisions of the DMCA at http://www.loc.gov/copyright/legislation/dmca.pdf.

Repeat Offenders

Where it has been clearly established that a user of the Community College of Beaver County network is a repeat offender, the Community College of Beaver County may terminate that person's network account.

Notification Agent

Pursuant to the DMCA, the Community College of Beaver County has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers.  If you believe that your copyrighted work is being infringed on a Community College of Beaver County site, please notify the College’s Vice President for Information Technology at dmca@ccbc.edu.

US Copyright Law and the Community College of Beaver CountyAcceptable Use of Information Technology procedure 

Individuals who infringe copyright-protected materials on the Community College of Beaver County’s network are in violation of the Acceptable Use of Information Technology procedure. Copyright infringement is a violation of federal law and subject to severe civil penalties and sanctions.  Copyright infringement can also be a violation of federal criminal law.  Thus, every user of the Community College of Beaver County network must maintain a basic understanding of copyright law and must comply with the Community College of Beaver County’s Acceptable Use Policy.  For more information on U.S. copyright law and the DMCA, consult the Web site of the U.S. Copyright Office.  The U.S. Copyright office has a variety of circulars and forms available online or printed, which can provide answers and guidance to many copyright questions and issues.  The Copyright Office's Circular 1, has simple, concise explanations and descriptions of what one must do to keep from infringing copyrights of others, as well as protecting one's own creative works.