1. what is the dmca? digital millennium copyright act. signed into law in 1998. provides the legal...

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What is the DMCA?

• Digital Millennium Copyright Act.

• Signed into law in 1998.

• Provides the legal framework for copyright holders to claim copyright infringement in the digital world.

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What is the DMCA?

• Affects Internet Service Providers (“ISPs”), including campus networks.

• ISPs are generally not liable for content sent over, or stored on, their network provided that they take certain actions when notified of a violation.

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Are all Violations the Same?

No.

There is a difference between violations on institutionally owned machines and servers (512[c]) and on personal devices that are on the institution’s network (512[a]).

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What is the DMCA?

• Safe Harbor for Passive Conduit under DMCA §512(a) (no action necessary).

• A campus network is eligible for Safe Harbor under DMCA §512(c) if it:– Designates a DMCA Registered Agent;

– Had no prior knowledge or financial benefit from copyright infringements; and

– Complies with Takedown Notices.

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Becoming yourInstitution’s DMCARegisteredAgent

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http://www.copyright.gov/onlinesp/agent.pdf

The DMCA Notice

To be effective, a DMCA “notice” must be a written communication to a service provider’s designated agent that includes substantially the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner;

• identification of the copyrighted work alleged to be infringed;

• identification of the material claimed to be infringing or which is the subject of infringing activity;

• information sufficient to allow the ISP’s designated agent to contact the complaining party, e.g., address, telephone number, and e-mail address;

• a statement that the complaining party has a good faith belief that use of the material is unauthorized; and

• 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 owner.

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Some Thoughts on DMCA Compliance

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Questions

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Higher Education Opportunity Act

• HEOA signed into law in 2008• Negotiated rule making process failed • DoE followed the compromises anyway• Proposed Regulations in August 2009• Final Regulations in October 2009• Went into Effect August 2010

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Among the Thousands of Requirements…

1. Notification2. Written Plan

(see NACUA Note for more info)

P2P Regulations

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Notification

• Include with other notices (College Handbook)

• Three Parts:1. a statement that unauthorized distribution of copyrighted

material may bring civil and criminal penalties (We suggest “Unauthorized distribution of copyrighted material may bring civil and criminal penalties.”);

2. a summary of the penalties for violating copyright law; and

3. a description of the college’s specific policies.

•EDUCAUSE list of “Role Model” campuses: http://www.educause.edu/HEOArolemodels.

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Written Plan

• Six Parts:1.Have a written policy;2.Include procedures for handling unauthorized distribution;3.Include use of ≥ 1 technology-based deterrents;4.Periodically review legal alternatives;5.May offer legal alternatives as deemed appropriate; and6.Periodically review the plan.

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Written Plan

1. Have a written policy:• Applies to all network users, not just students.• Need not interfere with research requirements or

business practices.• Must include an educational component.• Method of education is left to the Institution.

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The Lowdown on the Download: Legal, Technical and Practical Information about File Sharing

Written Plan

2. Include procedures for handling unauthorized distribution:• Active monitoring not required.• Respond when notified.• Must include disciplinary process (potentially).

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The Lowdown on the Download: Legal, Technical and Practical Information about File Sharing

Written Plan

3. Include use of ≥ 1 technology-based deterrents:• Regulations are technology neutral.• You need not buy anything.• Deference to Institution.• Deterrents include:• Packet shaping;• Content filters;• Accepting and responding to DMCA notices.

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The Lowdown on the Download: Legal, Technical and Practical Information about File Sharing

Written Plan

4. Periodically review legal alternatives:• Publish on Institution Web site.• EDUCAUSE is cataloging legal alternatives.

5. May offer legal alternatives as deemed appropriate:• Only to the extent practicable.

6. Periodically review the plan:• Institution determines relevant assessment criteria.• Periodic not defined (at least annually should be

sufficient).

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Some Thoughts on HEOA Compliance

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Questions

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The FAQ:

http://www.educause.edu/icpl/dmcafaq

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