Digital Millennium Copyright Act Violations Procedure

Purpose

The purpose of this document is to set forth the procedures followed by Western Michigan University when complaints about violation of the Digital Millennium Copyright Act are received.

Scope

This policy applies to all users of Western Michigan University networks, whether the device being used is campus-owned or personally owned by the individual.

Policy statement

Western Michigan computing services, including network (wired and wireless) connections, may not be used to share copyrighted materials (files, programs, songs, videos/movies, etc.) Sharing copyrighted material without the copyright holder's express permission is a direct violation of the Digital Millennium Copyright Act.

Justification

Copyright infringement is a violation of federal law and subject to civil and/or criminal sanctions. Thus, every user of Western Michigan University networks and computing services must comply with University copyright guidelines and policies.

When WMU receives copyright infringement complaints, preservation notices, pre-settlement notices, subpoenas, and/or settlement letters, they are taken seriously and acted upon accordingly under the provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512. Pursuant to the DMCA, WMU has a designated agent to receive notification of alleged copyright infringement occurring through the University's networks. Under the authority of the designated agent, the Office of Information Technology will acknowledge receipt and handle all complaints alleging infringement violations.

Enforcement

WMU is required by federal law to remove copyrighted materials from the infringing source when informed by the copyright holder. Violation of a federal law is a violation of WMU's Student Code, Article IV, section B, sub-section 18.j.

Alleged violators will receive a email notification with a copy of the original complaint, explaining what must be done to respond to the alleged copyright infringement violation (see file sharing procedures).

Reference

Document action 

Revised: Feb., 2012