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19.06 / Digital Millennium Copyright Act
Purpose:
The purpose of this statement is to set forth University policy with
regard to institutional responsibilities as an online service provider
and claims of copyright infringement.
Preamble:
Title II of the Digital Milennium Copyright Act ("DMCA") of 1998 limits
the liability of online service providers, such as Wichita State
University, for certain copyright infringement liability if various
procedures are followed. This policy is intended to take
advantage of the liability protections in the DMCA. By taking
advantage of the DMCA, the University does not waive any other
immunities provided to it or the state of Kansas by any applicable law
or constitution.
Policy Statement:
1. Wichita State University respects the rights of holders of
copyrights, their agents and representatives and will implement
appropriate policies and procedures to support these rights without
infringing upon the legal use, by individuals, of those
materials. Legal use can include, but is not limited to,
ownership, license or permission, and fair use under the U.S. Copyright
Act. Employees and students need to be aware of the rights of
copyright owners. Information on copyright law and these rights
can be found in a number of places, but general information can be
found by going to the following sites:
2. Persons who are found to intentionally or repeatedly violate
the copyright rights of others may be denied access to all University
computing and networking facilities and resources. All instances
of reported copyright violations will be reported to the appropriate
University authority in accordance with the Acceptable Use
Policy, University
Information Technology Systems Relative to E-Mail, Statements on the
Professional Rights and Responsibilities of Faculty and the Student Code of
Conduct for possible additional disciplinary actions.
3. The Designated Agent for complaints under the DMCA is:
Ravindra Pendse
Chief Information Officer and Associate Vice President
for Academic Affairs and Research
113 Morrison Hall
1845 Fairmount
Wichita State University
Wichita, KS 67260-0013
316.978.3010
4. A notice of alleged copyright infringement to the
Designated Agent concerning information residing on the University’s
systems or networks at the direction of the user must have the
following:
- A description of the works claimed to be infringed.
- A description of the allegedly infringing works or location site
sufficient to enable the Designated Agent to find them.
- Sufficient information to enable the Designated Agent to contact
the complaining party.
- A statement that the complaining party believes in good faith
that the use of the material is not authorized by the copyright owner,
the owner’s agent, or the Copyright Act.
- A signed statement that the information provided by the
complaining party in the notice is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of
the copyright owner of one or more of the exclusive copyright rights.
- A physical or digital signature of the owner of an exclusive
copyright right or the owner’s authorized agent with accompanies the
statement.
5. When properly notified of the potential copyright
infringement, the Designated Agent will make a reasonable effort to
contact the site or page owner of the materials in question.
There will be an attempt to secure the voluntary take down of the work,
but, if not, then the University will immediately disable access to the
work unless it is immediately determined that the work is lawful under
the copyright law. The owner of the site or page of the alleged
infringing material may exercise their counter notice procedure rights
set forth below. The Designated Agent may, but need not,
undertake to determine if the work complies with copyright law.
6. After voluntary take down or the site is involuntarily
disabled, the University may, but need not, proceed to counter
notification on its behalf or on behalf of its employees and students,
or the owner of the site may provide counter notification to the
Designated Agent. Counter notices can claim only that either the
copyright owner is mistaken and that the work is lawfully posted or
that the work has been misidentified. A site owner may assert
that use of another’s work is fair use, which falls under the provision
that the copyright owner is mistaken in characterizing the work as
infringing. Various University officials may be consulted in
arriving at a fair use determination.
7. Counter notices to the Designated Agent must contain
the following:
- A physical or digital signature of the site or page owner.
- A description of the materials removed and its location before it
was removed.
- A statement that the owner believes in good faith that the
material was removed by mistake because the work is not infringing or
that it was misidentified.
- Sufficient information to enable the Designated Agent to contact
the owner who is filing the counter notice, e.g., name, address, phone
number, Email address, and his or her consent to jurisdiction of the
federal district court with proper jurisdiction for any court actions
arising from the infringement.
- A statement that the owner will accept service of process from
the complaining party.
8. Access to the materials in question will be restored within
ten to fourteen business days after the date the Designated Agent
receives the counter notice unless the Designated Agent first receives
a notice from the complaining party that he or she has filed an action
seeking a court order to restrain the page owner.
9. The Designated Agent will promptly send a copy of any
substantially conforming counter notice to the complaining party
indicating that the site will be restored within ten to fourteen
business days unless the Designated Agent receives a notice of court
action.
Implementation:
This policy shall be included in the WSU Policies and Procedures
Manual and shared with appropriate constituencies of the
University.
The Vice President and General Counsel shall have primary
responsibility for
publication, dissemination and implementation of this University
policy.
Effective Date:
December 1, 2001
Revision Date:
September 6, 2005
