DMCA Digital Download, Peer-to-Peer File Sharing and Copyright Policy

 

PURPOSE:

This document refers specifically to the copying, distribution, downloading, and uploading of copyrighted materials by student, faculty, staff or guest, on any device attached to the College infrastructure, including but not limited to, personal or College computers/netbooks, smartphones and personal digital assistants (PDA), in accordance with the Digital Millennium Copyright Act (DMCA).  These materials include, but are not limited to, text (including e‑mails and web information), graphics, art, photographs, music, film, and software. 

Some examples of copyright infringement per the DMCA are:

• Downloading copyrighted music and films from the Internet or another person’s computer without having paid for it (unless it has explicitly been listed as free), even for your own personal use
  
  
• Making copies of a CD or DVD without copyright permission or purchase
  
  
• Creating a document using the words from an Internet site
  
  
• Downloading images, photographs, music, films or art without purchasing or permission
  
  
• File sharing of copyrighted files (i.e. using peer to peer software such as Kazaa, Napster, LimeWire or any social media that allows file sharing and not turning file sharing off)

Downloading or distributing unauthorized copies of copyrighted music recordings and movies is breaking the law.  Violators may be held legally liable for thousands of dollars in damages.  Federal law provides severe penalties for the unauthorized reproduction, distribution or digital transmission of copyrighted materials.  

STATEMENT OF POLICY:

1. Procedure for Processing Infringements
2. If there is suspicion of copyright infringement, please contact Institutional Technology (IT), as soon as possible. IT will conduct an investigation into the allegations.
3. In the event of a notice of suspicion of copyright from off-campus, for example, an RIAA notice, the College will be notified and IT will take the appropriate steps.
4. In the case of an allegation, the DMCA requires that all claims of infringement be in writing and include:
5. A physical or electronic signature of the copyright owner or person designated to act on his/her behalf
6. Identification of the allegedly infringed copyrighted work, including:
7. identity of the copyright ownere, if not the complainant
8. citation of the copyrighted works (author/creator, title/description, copyright date)
9. statement of copyright ownership
10. evidence of copyright registration
11. Identification of the host web site and sufficient information to locate it including:
12. URL (web address)
13. date time and time zone the web site was observed
14. contact information for the complainant or person designated to act on his/her behalf, including address, telephone number, and if available, email address
15. A statement that the complainant has a good faith belief that the use of the material is not authorized by copyright owner or the law
16. A statement that the information in the notification is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner
17. As part of its compliance with federal copyright law and the DMCA, Jefferson Community College will deploy the following procedure to respond to bona fide notices of copyright violation by copyright holders:
18. The DMCA agenda for the College requests that IT block the Internet Protocol (IP) address alleged by the notice to be in violation of federal law and provide the agent with the identity of the user or par4ty responsible for the computer (responsible party).
19. The agent then notifies the user or responsible party of the notice by sending a copy of the Standard Notice via email and requests a cease and desist statement by return email.
20. Upon receipt of the statement, the agent then request6s that IT unblock the IP address.
21. If the identified individual cited is certain that s/he is legally using the allegedly infringing material or that the copyright owner has misidentified the material, s/he may file a counter notice.
22. In order to maintain safe harbor under the DMCA, it is necessary that the College terminate the Internet services of students, faculty, or staff who receive three DMCA notices that (a) conform to statutory requirements and (b) where not counter notification has been filed.
23. JCC will distribute information on copyright law and related campus policies to the campus community as required by the Higher Education Act of 2008 (HEOA 4137.)
24. Reporting a Copyright Violation
    
    To report alleged copyright infringements, please contact:
     Institutional  Technology
    Room 5-001
    1220 Coffeen Street
    Watertown, NY 13601
    Phone:  315-786-2301
    Fax:  315-786-2511
25. The Board of Trustees hereby authorizes the President, or his/her designee, to develop and establish appropriate standards and procedures to implement and enforce this policy.

Adopted:
June 2012, Res. 128-12