Digital Millenium Copyright Act
Information Technology Policy

The Digital Millennium Copyright Act signed into law on October 28, 1998, amended the U.S. copyright law to provide limitations for service provider liability relating to material online. These liability limitations remove the burden of guilt from the service provider, the University of St. Francis, and place it on the offenders. USF falls under the DMCA’s strict definition of “service provider” by providing a means of digital online communication to users and is eligible for liability limitations after meeting two conditions:

  1. Adopting and reasonably implementing a policy of terminating in appropriate circumstances, the accounts of subscribers who are repeat infringers.
  2.  Accommodating and not interfering with “standard technical measures,” which are defined as measures that copyright owners use to identify or protect copyrighted works that are developed with the broad consensus of copyright owners and do not impose substantial burdens on service providers.

Policy Statement
Compliance with federal copyright law is expected of all students, faculty and staff at the University of St. Francis. "Copyright" is the legal protection for creative intellectual works, which is broadly interpreted to cover any expression of an idea. Text, graphics, art, photographs, music, and software are some examples of types of work protected by copyright.

You may "use" all or part of a copyrighted work only if (a) you have the copyright owner's permission or (b) you qualify for a legal exception under the doctrine of "fair use."

Copying, distributing, downloading, and uploading information on the Internet may infringe on the rights of the copyright owner. Violations of copyright law that occur on or over the College's network or other computer resources may create liability for the University as well as the computer user. Therefore, repeated violations may result in revocation of computing resource privileges; faculty, staff or student disciplinary action; or legal action.

Procedures

The University of St. Francis, upon notification by the RIAA and/or its constituents, is obligated to terminate network access for anyone on the campus network that is found to repeatedly infringe on national copyright laws, or be held liable for damages.

Notice to computer user: The University will promptly inform the computer account holder/user that the allegedly infringing material has been removed or access has been disabled.

Counter notice from computer user: The computer account holder/user may send the University's designated agent, a written statement that the removal or disabling of access was based on (1) that the copyright owner is mistaken and that the work is lawfully posted or (2) that the work has been misidentified. This counter notice must meet the requirements of 17 U.S.C. 512(g) (3)

Transmittal of counter notice: The designated agent will promptly transmit a copy of the counter notice to the person who complained of infringement, and will inform that person that the removed material or disabled access will be restored in 10 business days.

Final College Action: The University will restore the material or access no less than 10 business days and no more than 14 business days from receipt of the counter notice, unless the person who complained of the infringement first notifies the designated agent that the complainant has filed a court action to restrain the computer account holder/user from the infringing activity that was the subject of the original notice to the University.

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