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Name: Digital Millennium Copyright Act Policy
Responsible Office: General Counsel

Applies to: (examples; Faculty,Staff, Students, etc)

Faculty , Staff , Students

Policy Overview:

Issued: 01-01-2020
Next Review Date: 01-31-2021
Frequency of Reviews: Annually

This policy implements the procedures for reporting alleged copyright infringement and the removal of infringing materials from the College’s website as required under the Digital Millennium Copyright Act (DMCA).


Details:

Sharing copyrighted materials without permission of the copyright holder, or under a lawful exception, is against federal copyright law.  Each year the College will send a notice to faculty, staff, and students notifying them that using file-sharing software and technology to share copyrighted materials without permission of the copyright holder is illegal and violates College policies.  In order to take advantage of the liability limits for service providers under the Digital Millennium Copyright Act (DMCA), the College has adopted the procedures set forth below to process copyright infringement claims.

Procedures:

I. Designated Agent

St. Louis College of Pharmacy (“STLCOP” or “the College”) has designated the following agent to receive notices of alleged copyright infringement:

Kenneth E. Fleischmann

General Counsel

4588 Parkview Place

St. Louis, MO 63110-1088

314-446-8104

Kenneth.Fleischmann@stlcop.edu

II. Copyright Infringement Notice

The Digital Millennium Copyright Act (“DMCA”) requires that an individual submit a written notice of a copyright claim that includes all of the following:

  1. An electronic or physical signature of the copyright owner or authorized agent;
  2. A description of the copyrighted work(s) claimed to have been infringed;
  3. A description of the infringing material and information reasonably sufficient to permit STLCOP to locate the material;
  4. Contact information for the complaining party;
  5. A statement that the complaining party has a good faith belief that the alleged infringing use is not authorized by the copyright owner or 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 complaining party is authorized to act on behalf of the copyright owner.

If a notice fails to comply with substantially all of the elements listed above, but does substantially comply with items 2-4, the College will use reasonable efforts to contact the complaining party to assist with the submission of a notice that substantially meets the remaining notice requirements.  The College’s agent will not take any additional action until the complaining party submits a notice that conforms to the DMCA.

Upon receipt of a satisfactory notice, the College will proceed to identify and inform the alleged infringer of the alleged infringement.  The College will attempt to determine whether fair use or some other exemption under the copyright law applies.  If the College determines that an infringement has occurred, then it will seek a voluntary takedown of the work or disable access to the work in order to take advantage of the safe harbor protections limiting liability under the DMCA.

G.Responding to a Notice

If you receive a notice of infringement from the STLCOP copyright agent, you will need to respond to the notice and indicate the corrective actions have been taken or provide a counter notice explaining why the use is not an infringement.

III. Counter Notice

The alleged infringer may provide a counter notification to the College’s DMCA agent that addresses the following:

  1. A physical or electronic signature of the user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
  3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The user’s name, address and telephone number and a statement that the user consents to the jurisdiction of the federal district court for the judicial district in which the address is located or, if the user’s address is outside the United States, for any judicial district in which the service provider (i.e. the College) may be found and that the user will accept service of process from the person who provided the notice of alleged infringement or their agent.

Upon receipt of a counter notification, the College will promptly provide the complaining party with a copy of the counter notification and inform the complaining party that the College will replace the removed material or cease disabling access to it in 10 business days.

STLCOP will replace the removed material and cease disabling access not less than 10 nor more than 14 business days following receipt of the counter notice unless the agent first receives notice from the complaining party that the party has filed a legal action seeking a court order to restrain the user from engaging in infringing activity.  If the agent receives notice of a legal action, the College will not re-post the alleged infringing work.  The agent will forward a copy of the notice to the alleged infringer and to the appropriate College administrator for a response.

IV. Other Grounds for Removal

Where the College has actual knowledge that material or an activity on the College’s system or network is infringing, or is aware of facts or circumstances from which infringing activity is apparent, the College will immediately remove or disable access to the material.

V. DMCA Subpoena

A copyright owner or agent may obtain a subpoena compelling the College to disclose sufficient information to identify the alleged infringer and other related information.  The person seeking the subpoena must submit a copy of the DMCA notice, a proposed subpoena, and a sworn declaration that the subpoena is necessary to identify the alleged infringer and that such information will only be used for the purpose of protecting rights under the DMCA.

VI. Legal Risks and Consequences

Illegal file sharing risks serious civil and criminal penalties.  Civil penalties may include actual damages and profits, or statutory damages ranging from $750.00 to $30,000.00 per violation.  Criminal penalties include fines and imprisonment.

VII. College Consequences

STLCOP must terminate network access of any user who repeatedly violates copyright law by downloading, uploading, reproducing, or distributing copyrighted material in violation of federal and state copyright laws.  Additionally, the College will initiate appropriate disciplinary action and education under the policies and procedures applicable to faculty, staff, and students.

Responsibilities:

Position/Office/Department

Responsibility

General Counsel

Receive infringement notices and coordinate due diligence and removal of infringing materials

Vice President, Operations

Monitor College website and remove infringing materials

Resources:

Information Technology - Conditions of Use Policy

Information Technology - Computing Ethics & Copyright Policy

Supplemental Information:

None