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#Copyright Compliance with Laws - Acts - Davidson College

Compliance with Copyright Laws and the Digital Millennium Copyright Act

Much of the material available on the Internet is protected under United States copyright laws. These materials may take the form of written works, musical compositions, motion pictures (including clips), artistic works, photographs or any other creation. United States copyright laws provide, among other things, that the owner of a copyrighted work has the exclusive right to reproduce the copyrighted work and distribute copies of such work to others. Therefore, any person other than the copyright owner who copies, uploads, downloads, swaps or engages in similar activities with respect to a copyrighted work without the express written permission of the copyright owner is committing a federal crime.

The unauthorized reproduction and use of copyrighted works has become increasingly common in recent years through the proliferation and popularity of peer-to-peer (P2P) file sharing services such as BitTorrent. These services permit users to connect with other users to share files, usually music or movie files such as .MP3. MPEG or .WAV files, through such connection. Such activity, and the general practice of obtaining any copyrighted music, motion picture or other work, without the express written permission of the copyright owner is illegal and a violation of the Faculty, Staff, and Student Acceptable Use Agreement. Any user who is discovered copying, downloading, uploading, distributing, displaying, publishing or otherwise using or accessing copyrighted materials without permission will be subject to the sanctions set forth in that agreement. Some of the foregoing prohibited acts are also punishable by law.

Davidson College believes very strongly in promoting compliance with United States copyright laws and protecting the intellectual property interests of copyright owners. We are committed to educating our students, faculty, and staff as to the importance of copyright compliance and the penalties associated with committing copyright infringement. All students, faculty, and staff of Davidson College are responsible for reviewing, understanding and complying with United States copyright laws. Information on such laws is available from the U.S. Copyright Office at http://lcweb.loc.gov/copyright/circs/circ1a.html .

Davidson College is also in compliance with the Digital Millennium Copyright Act of 1998 (DMCA). The following policies and procedures have been adopted to ensure that Davidson College remains in compliance with the DMCA:

• We will promptly investigate any complaints properly made pursuant to the DMCA by copyright owners regarding allegedly infringing activity by any student, faculty member or staff member of Davidson College.
• We will notify the allegedly infringing user of the complaint by forwarding the complaint to the user and discussing the matter in person with the user. We will inform the user that such allegations, if true, constitute a violation of United States copyright laws.
• If we believe that the activity violates any applicable law, we will expeditiously take down or block access to any infringing material and/or require the student, faculty member or staff member to (i) permanently delete any infringing material from his or her computer hard drive and any other place in which such infringing material resides, and (ii) confirm in writing that such deletion has occurred.
• We will temporarily block the user's access to the Internet.
• Upon the second occurrence by a user of any activity or activities that Davidson College believes violates any applicable law, we will permanently block such user's access to the Internet.

In addition, in order for Davidson College to remain in compliance with the DMCA, its faculty or adjunct faculty members may not require, recommend, or make available online course materials that infringe on a copyright owner's interest.

If an allegedly infringing user wishes to dispute the copyright owner's claim, the user must, within 72 hours, respond to Davidson College with a statement containing the following information:

• Name, address, and phone number of the allegedly infringing user
• Identification of the material in dispute
• Statement that the allegedly infringing user has a good faith belief that either (i) the material is not, and never was, in the user's possession or located on any property owned or used by the user, or (ii) the material was mistakenly identified as infringing on the copyright
• A physical or electronic signature of the allegedly infringing user

Upon receiving this statement, we will immediately forward it to the copyright owner who submitted the complaint, and we will consider the matter resolved unless we hear otherwise from the copyright owner. We will attempt to resolve all disputes within 10 days after receiving the complaint.

Additional information regarding the Digital Millennium Copyright Act may be found at http://lcweb.loc.gov/copyright/circs/circ1a.html .

Information For Copyright Owners

If you are a copyright owner and are concerned that material viewed on our website may violate your rights under United States copyright law ("Davidson College's Designated Agent to Receive Notification of Claimed Infringement"), under the DMCA, please contact Davidson College, Box 7164, Davidson, NC 28035, U.S.A; telephone number 704-894-2672. Please provide the following information:

• Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Description of the copyrighted work that your claim has been infringed upon;
• Description of where the alleged infringing material is located on the site;
• your address, telephone number and e-mail address;
• Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.