Course Catalog

Administrative Guideline 1104

Policies & Procedures
Administrative Guidelines
Student Code of Conduct
Student Handbook
Consumer Information

Administrative Guideline 1104

Adopted: January 26, 2019
Approved:
Revised: May 17, 2022

ADMINISTRATIVE GUIDELINE TYPE: Information Technology

ADMINISTRATIVE GUIDELINE TITLE: Digital Millennium Copyright Act (DMCA)

DEPARTMENT RESPONSIBLE: Information Technology Services

I. Statement of Purpose

The purpose of this guideline is to inform SCC employees and students about the Digital Millennium Copyright Act (DMCA) of 1998. This guideline provides an overview of the law’s provisions; for purposes of length and readability a significant amount of detail has been omitted. A complete understanding of any provision of the DMCA requires reference to the text of the legislation itself.

II. Users Governed

This guideline applies to all SCC employees and students (credit and non-credit).

III. Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) of 1998 enacted updates to copyright law for the digital world. The DMCA protects the rights of content creators/owners of music, movies, games, software and other digital resources. The content creators/owners of digital resources are legally protected from being copied or reproduced in a digital environment without their consent.

IV. Impact on Southeastern Community College

According to the DMCA, higher education institutions that provide Internet access to students, faculty and staff (subscribers) are defined as an “Online Services Providers” (OSP). Title II of the DMCA establishes the following requirements for Online Service Providers:

  1. Registration of an agent with the U.S. Copyright Office;
  2. Development and posting of updated copyright policies;
  3. Adoption of “notice and takedown” procedures for alleged copyright infringement materials; and
  4. Accommodation and non-interference with standard technical measures utilized by copyright owners to identify and protect their works.

As an OSP, SCC is potentially liable for the copyright infringements of subscribers if the four requirements documented above are not followed.

The DMCA does not require SCC to monitor subscribers’ Internet activity. However, the DMCA does mandate that SCC respond to infringement acts when specific evidence is provided to the College’s designated DMCA agent.

Southeastern Community College Designated DMCA Agent:

Chuck Chrisman, Vice President of Technology Services
Southeastern Community College
1500 West Agency Road
West Burlington, Iowa 52655
email: cchrisman@scciowa.edu
Phone: 319-208-5070

V. Communication of DMCA Copyright Infringement Notices

According to the DMCA (17 U.S.C. 512(c)(3)), a claimed infringement notification must be a written communication (email or hard copy letter) to the designated agent of a service provider. When notifying SCC’s DMCA designated agent of an alleged copyright infringement, the following must be provided:

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or claimed to be the subject of infringing activity and that is sought to be removed or access to which is sought to be disabled, and information reasonably sufficient to permit the location of the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

VI. Notice and Takedown Procedures

SCC may involve legal counsel to help determine if a copyright infringement claim is valid. If SCC determines that the claim is valid, the College’s DMCA designated agent will proceed with the following notice and takedown procedures:

  1. The College’s ITS department will investigate the incident and determine the subscriber that is connected to the network/resource provided on the copyright infringement notice.
  2. The College’s ITS department will contact the subscriber (email & phone) communicating information referencing the copyright infringement notice and requesting that the digital resource be removed promptly. If the subscriber does not reply within two business days, SCC’s ITS department will remove the digital resource from network/storage environment.
  3. SCC’s DMCA designated agent will communicate with the resource owner verifying that the digital content has been removed.
  4. SCC’s DMCA designated agent will request written (email or hard copy letter) confirmation by the owner that the issue is resolved to their satisfaction.

VII. DMCA Copyright Infringement Examples

The following documentation provides examples of DMCA copyright infringements. This information serves as a resource but does not include all possible infringements.

  • Copying digital content from author/owner without purchase or their written consent. Example: Copying intellectual property from another Web site or digital resource.
  • Download and storage of digital resources such as movies and music software that was not purchased through legal owner/provider.
  • Peer to Peer Networks – illegally sharing digital resources via shared network on the Internet.
  • Download and store video on Canvas LMS that was not purchased through legal owner/provider.
  • Copying and loading software that was not purchased through legal owner/provider.
  • Playing or copying a DVD that you purchased and/or placing it on a Web site or Canvas LMS without the legal owner/provider’s consent.
  • Streaming online content (personally purchase or subscriptions) to meetings, classes, events, etc. without the legal owner/provider’s consent. Example: Purchasing a movie on Amazon or Netflix subscription.

VIII. Due Process

Due Process Activities which are criminal under federal, state, or local law will be reported to the appropriate authorities. Criminal and non-criminal abuses of computer access and network privileges may result in a warning, suspension, or termination of computer and network resources and disciplinary action to include possible termination of employment. Serious or repeated infractions of this guideline may be referred to the appropriate Dean/Vice President for action under the College’s Judicial Codes and Appeals. Actions taken against students may include any sanctions listed in the Judicial Codes and Appeals including suspension or termination of computer and network privileges as well as possible expulsion from the College.