Digital Millennium Copyright Act
What happens if I receive a copyright Infringement Notice?
If you have received a copyright violation notice from the Saint Joseph's College Computer Center, read on. This page outlines our standard procedures, and will tell you what happens next.
- First copyright violation notice
- Second copyright violation notice
- Third copyright violation notice
- Contesting a copyright violation notice
- Saint Joseph's College responds to each DMCA notice that meets the minimum requirements described in the DMCA legislation. The DMCA requires that copyright infringement claims should be submitted to the college's Designated DMCA agent either in writing to:
Science Building, Room L109
1498 S College Av
PO Box 870
Rensselaer, IN 47978
Or by email to email@example.com
- Each DMCA complaint is reviewed by the DMCA agent for accuracy, and to verify that it meets minimum DMCA requirements. Valid complaints are then logged and referred to the Saint Joseph's College Computer Center
- Upon Receipt of a complaint from the DMCA agent, Computer Center Staff use the network address provided in the complaint to search for a corresponding network login id, and then review DMCA complaint history files to determine if this is the "first complaint" received against this login ID.
- Saint Joseph's College will disable the network access of the implicated person immediately upon receipt of the copyright owner's notice. During the disconnection, individuals should take a chance to educate themselves in copyright law and to take down the materials themselves, or produce whatever documented permission they have to share the files, or contest the notice if they feel a mistake has been made.
- After the resolution of the issue, Computer Center Staff send a confirmation to the college's DMCA agent that the complaint has been resolved.
If this is your first copyright violation notice:
- You are sent a "First Offense" email, including a copy of the DMCA complaint notice from the copyright holder, instructions to remove or block access to the copyrighted material, and Computer Center staff block the user's networked device from connecting to the campus network.
- You are then required to come to the Computer Center, and to sign a "DMCA Complaint Acknowledgment" form confirming that you (a) received a DMCA complaint, (b) understand that electronic sharing of copyrighted material, without permission of the copyright owner, is a violation of the College's Computer Use Policy, and (c) have removed or blocked access to the copyrighted material.
- You are informed of possible consequences if you receive additional DMCA complaints in the future. Computer Center staff then file a copy of the signed DMCA Complaint Acknowledgement document and restore network access to the user's computer within two working days.
If this is your second copyright violation notice:
- You are sent a "Second Offense" email, including a copy of the DMCA complaint notice from the copyright holder, instructions to remove or block access to the copyrighted material, and Computer Center staff block the user's networked device from connecting to the campus network.
- You must schedule a meeting with the Director of Computing Services to discuss steps to take to help prevent future DMCA complaints.
- Computer Center staff will restore network access for the device within 3 working days, following confirmation from The Director of Computing Services that the user understands what they can do to prevent further complaints, and what may happen if further complaints are received.
If you receive a third copyright violation notice:
- You are sent a "Third Offense" email, including a copy of the DMCA complaint notice from the copyright holder, instructions to remove or block access to the copyrighted material, and Computer Center staff block the user's networked device from connecting to the campus network.
- You are referred to the appropriate disciplinary office. For students, this is the Office of the Dean of Students; for staff, this is a department Director and Human Resources; for faculty, this is the Vice President for Academic Affairs.
- A meeting must be scheduled with the appropriate disciplinary office, as stated above, who will assess penalties or fees as appropriate.
- Access will be restored only at the discression of the disciplinary office and the Computer Center.
Contesting a copyright infringement notice
What if I want to contest the copyright violation notice?
NOTE: It's important to realize that contesting a notice should not be taken lightly. If we find during the course of our investigation that you misrepresented yourself when contesting, then the incident will be immediately referred to the appropriate disciplinary office.
Before filing a counter notice
Before contesting the notice, it is important to check whether the files in question actually are on your computer. If you don't recognize the file names listed in the original notice from the copyright owner, and you believe an error has been made, please use your computer's "search files" function to search your system for the file names. If you need assistance in doing so, contact the SJC Help Desk. If you have allowed anyone else to use your machine, they may have placed these files on your hard drive without your knowledge. It is also possible that your computer has been compromised, and that the files have been placed there by someone else who has gained unauthorized access to your computer. No matter how the files got there, the copyright owner has served notice that they must be taken down, and SJC incurs costs in doing so. Therefore, you must contact the computer center even if you were not the one to place the files on your computer.
Procedure for contesting the notice
- Contact the Computer Center
- Be ready to discuss the reason you wish to contest the notice. For example, inform us if you believe a mistake was made or that you have permission to use the material in the manner outlined in the complaint.
- Also be ready to explain why you believe a mistake was made and provide any additional details you wish for us to consider