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Policy and Procedure ManualChapter 250, Intellectual Property Responsible Department: Office
of Research--Technology Transfer Center This section identifies campus resources and policy related to the Digital Millennium Copyright Act (DMCA). Information on copyright terms relevant to this section may be found on the UC Copyright website (http://www.universityofcalifornia.edu/copyright/). A. Counternotification--A response to a notification, made under penalty of perjury, that the individual whose Internet activity is the subject of a notification believes that there was, in fact, no copyright infringement. To be valid, a counternotification must meet the requirements of the DMCA. B. Designated Agent--The individual at a particular ISP who is registered with the U.S. Copyright Office as designated to receive notifications, counternotifications and other DMCA communications, including subpoenas, on behalf of the ISP. You may reach the Davis campus Designated Agent at DMCA@ucdavis.edu or 1850 Research Park Drive Suite 100, Davis CA 95616. C. Notification--A statement to an ISP, made under penalty of perjury, that a copyright owner or authorized representative believes that rights to his/her copyright-protected materials were infringed through the ISP. To be valid, a notification must meet the requirements of the DMCA. D. Internet Service Provider (ISP)--For purposes of this policy, the Internet Service Provider is the University of California, Davis. A. The Digital Millennium Copyright Act (DMCA) provides a “safe harbor” from liability to ISPs for copyright-infringing activity by individuals accessing the Internet through their servers so long as the ISP meets several requirements. It is the policy of the University to meet those requirements so as to exempt itself from liability for the activity of its network users. B. The University will comply with validly issued subpoenas requesting the identification of users related to the Digital Millennium Copyright Act notifications. C. All campus business related to the Digital Millennium Copyright Act will be coordinated through the campus Designated Agent for receipt of notifications. D. Infringement fines Any fines or monetary penalties that may be incurred or levied for copyright infringement arising from the conduct of University business will be paid from departmental budgets. A. Anyone who believes his/her copyrights have been infringed via a UCD server may send a notification, as defined by the DMCA, to the Designated Agent. B. The Designated Agent will review the notification for the required elements and, if it is determined to be valid, will work with University computer resource staff to expeditiously block access to the identified material. Depending on the specifics of the computer and network involved, this may be accomplished in various ways but will be in the least disruptive way practical. C. The campus Acceptable Use Policy, to which all individuals requesting computer use privileges must agree, requires compliance with federal copyright laws. As appropriate, information relating to a particular notification will be referred to campus authorities for review relating to campus policies. Campus authorities include Student Judicial Affairs, Student Housing Judicial Affairs, Human Resources, Vice Provost--Academic Personnel, and, if the individual subject to a notification is a University employee, his or her department head. D. Should an individual whose computer activity is the subject of a notification wish to file a counternotification, it should be sent to the Designated Agent. The counternotification must contain certain information, including the name and contact information of the individual and his/her consent to the jurisdiction of the federal courts. Submission of a counternotification to the Designated Agent authorizes the Designated Agent to forward the counternotification to the copyright owner/agent who submitted the initial notification. There are serious legal ramifications in filing a counternotification; University employees whose activities were in the course and scope of their employment must contact Campus Counsel. Others should consider soliciting legal advice from a private attorney experienced in DMCA matters. E. Upon receipt of a valid counternotification, the Designated Agent will direct computer resource staff to repost the material in ten days. V. References and Related Policies A. Office of the President 2. Guidelines for Compliance with the Online Service Provider Provisions of the Digital Millennium Copyright Act, 12/1/99. 3. Policy on Copyright Ownership, 8/19/92. 4. Policy and Guidelines on the Reproduction of Copyrighted Materials for Teaching and Research, 4/29/86. B. UCD Policy and Procedure Manual: 2. Section 250-03, Use of Copyright-Protected Materials. 3. Section 310-16, Electronic Communications Policy. 4. Section 330-95, Misuse of University Resources. C. DMCA-Info Campus Listserv The Digital Millennium Copyright Act (DMCA) informational listserv is a moderated forum for the exchange of information related to the DMCA as it affects the University of California, Davis campus. Membership is limited to official members of the campus community (students, staff and faculty). D. Federal law 2. U.S. Code, Title 17, Copyrights. 3. Digital Millennium Copyright Act summary. Copyright © 2006 The Regents of the
University of California, Davis Campus. All Rights Reserved. |
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