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400.5 - DMCA Compliance and Notification Agent

University Group Policy #400.5

Policy Statement

It is the policy of Winston-Salem State University to 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"). Pursuant to the DMCA, Winston-Salem State University 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 Winston-Salem State University site, please notify our designated agent, preferably by email, at:

General Counsel
Email: gencounsel@wssu.edu
Office of Legal Affairs
125 Blair Hall
Winston-Salem State University
601 S. Martin L. King Jr. Dr.
Winston-Salem, NC 27110

Guidelines

Contents of Notice

Winston-Salem State University may not be able to act on your complaint promptly or at all if you do not provide the following information.

The DMCA requires that all notices of alleged copyright infringement be in writing. When informing the designated agent of an alleged copyright infringement, you 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 Winston-Salem State University to locate that material.
  3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
  4. Certify or include a statement that you have 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 Winston-Salem State University is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
  6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner. Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at http://copyright.gov/circs/, which can assist you to determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

Notice, Takedown, and Putback Procedure

Winston-Salem State University expects all users of its system to comply with applicable copyright laws. However, if Winston-Salem State University 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. Winston-Salem State University 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, "putback" 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

Roles and Responsibilities

Evaluating Notice and Warning Repeat Infringers

WSSU shall make immediate contact with the user alleged to be the infringer, review the work, and make a reasoned decision as to whether a warning or some other action is required. Where there are clear and obvious infringements, which can be removed or blocked immediately. WSSU will not hesitate to remove or block works that clearly infringe.

Applicability

This policy applies across the campus of Winston-Salem State University.

Compliance

Repeat Infringers

Where it has been clearly established that a Winston-Salem State University user is a repeat offender, Winston-Salem State University may terminate that person's account.

US Copyright Law and Winston-Salem State University Policy

Individuals who infringe copyright-protected materials on Winston-Salem State University networks may be subject to discipline. In appropriate circumstances, penalties for violations of Winston-Salem State University Policy may include, but are not limited to, termination of all computing privileges. 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 Winston-Salem State University networks and Web must maintain a basic understanding of copyright law and must comply with Winston-Salem State University policies. For more information on U.S. copyright law and the DMCA, consult the Web site of the U.S. Copyright Office http://copyright.gov/. 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, http://copyright.gov/circs/, has simple, concise, explanations and descriptions of what you must do to keep from infringing copyrights of others, as well as protecting your own creative works. In addition, there are resources available through the library or through a simple Web search on copyright.


Responsible Division: Office of Legal Affairs

Authority: Board of Trustees

History:

  • Approved by Cabinet August 25, 2003
  • Adopted September 19, 2003