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DMCA

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The DMCA requires that all claims of infringement be in writing and include:

  1. A physical or electronic signature of the copyright owner or person designated to act on his/her behalf
  2. Identification of the allegedly infringed copyrighted work, including:
    1. Identity of the copyright owner, if not the complainant;
    2. Citation of the copyrighted work (author/creator, title/description, copyright date);
    3. State of copyright ownership; and
    4. Evidence of copyright registration;
  3. Identification of the host web site and sufficient information to locate it including:
    1. URL (web address);
    2. Date, time, and time zone the web site was observed; and
    3. Contact information for the complainant or person designated to act on his/her behalf, including address, telephone number, and, if available, email address
  4. A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or the law
  5. 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.
How JCC Responds to Allegations of Online Copyright Infringement
(DMCA Notices)
 

As part of its compliance with federal copyright law and the DMCA, the College deploys a procedure to respond to bona fide notices of copyright violation by copyright holders. This procedure operates as follows:

  1. The DMCA agent 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 party responsible for the computer (responsible party)
  2. 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
  3. Upon receipt of that statement, the agent then requests the IT unblock the IP address
  4. 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
  5. Alleged Repeat Offenders: The process for alleged “repeat offenders” (subjects of more than one DMCA notice):
    1. Student—file charges with the judicial system for prosecution as student misconduct
    2. Employee—his/her department head will be informed that the complaint is not the first one
    3. 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) whereno counter notification has been filed

IT will refer violations to the appropriate campus administrative entity. Violations of local, state and federal law will be referred to the appropriate authorities. Violations by students may result in judicial sanctions as prescribed by the JCC Student Code of Conduct such as:

  • loss of privileges
  • monetary reimbursement to the College or other appropriate sources
  • prosecution under applicable civil or criminal laws

Some content on this page has been borrowed from the University of Buffalo “The Digital Millennium Copyright Act (DMCA) and Peer-to-Peer File Sharing Policies at UB,” with permission.

onsible for decency, copyright, compliance, legality, and accuracy or other aspect of the content of other internet websites. If yougot any legal problems, please contact the media file owners of the host websites. If you got any issue please send us an email to contact 

Copyright Resources

Last updated: 1/28/2018