Digital Millennium Copyright Act Notice
Under the Digitial Millenium Copyright Act (“DMCA”), St. Louis College of Pharmacy (“College”), is deemed to be a covered Online Service Provider (“OSP”) for its students, faculty and staff.
The DMCA requires the College to promptly act to take down or block network access to materials on a computer connected to its network upon receipt of a copyright infringement complaint from a copyright owner. The College will attempt to determine whether fair use or some other exception under the copyright law applies. The College will normally restore a user’s network access after the infringing material is voluntarily or involuntarily removed from the computer or within 14 days after receiving a proper counter-notification, unless the copyright owner files an action seeking a court order against the computer owner.
A second violation may result in an extended or permanent loss of access privileges to the College’s network. Additionally, as an OSP, the College may have to comply with any subpoena seeking the identity of the owner of a computer determined to contain infringing materials.
Probably the greatest cause of copyright infringements is the use of peer-to-peer (P2P) file sharing services to facilitate the unauthorized sharing of music and movies.
Illegal P2P file sharing is prohibited by College policy.
A very important protection for educators and students to use copyrighted materials is the concept of “fair use” contained in Section 107 of the US Copyright Act.
The fair use privilege allows for the limited use of copyrighted materials without prior permission of the copyright owner if it is for a non-commercial purpose (e.g. criticism, comment, news reporting, teaching, scholarship, research), and the amount and substantiality of the portion used in relation to the copyrighted work as a whole is reasonable.
DMCA Notice and Take-Down Requirements
The College is committed to complying with U.S. copyright laws while respecting the rights of educators, researchers, and students to use copyrighted materials within acceptable legal parameters and norms associated with an institution of higher education.
The College will not allow individuals to use its network or internet services to store or disseminate any material or content in any manner that constitutes an infringement of copyright ownership or other intellectual property rights of third parties.
Anyone who believes that a use is infringing upon their intellectual property rights may file a complaint with the College’s designated agent under the Digital Millennium Copyright Act of 1998 (the "DMCA") using the procedures outlined in this notice.
Copyright owners or licensees may report alleged infringements to the College’s DMCA Designated Agent by submitting a notification of claimed infringement that complies with the DMCA. Upon receipt of a satisfactory notice of claimed infringement, the College will take appropriate steps to determine if fair use or other legally permissible uses of the materials apply.
If not, the College’s DMCA Designated agent will take steps to:
- Remove the allegedly infringing work(s), or
- Disable access to the work(s) unless the user sends the College a counter-notification challenging the infringement claim (see below)
In the event that a user is found to have committed copyright infringement two (2) or more times, the user is deemed to be a repeat infringer and the College may proceed with suspending or terminating that user’s account.
Any person who files a DMCA complaint, must submit a written notice to the College’s DMCA Designated Agent (contact provided below) containing the following information:
- A physical or electronic signature of the copyright owner or authorized agent
- A description of the alleged infringing copyrighted work(s)
- A description of the alleged infringing material and information reasonably sufficient to permit the College to locate the material
- Contact information such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The College has designated the following agent authorized to receive a notice of alleged copyright infringement on its network with the United States Copyright Office:
Kenneth E. Fleischmann
4588 Parkview Place
St. Louis, MO 63110-1088
If the notice is deemed valid, the College's DMCA Agent will provide the user with the notice of alleged copyright infringement. The user will need to respond to the notice and indicate the voluntary corrective actions taken or provide a counter notice explaining why the use is not an infringement. The College will normally restore a user’s network access after the infringing material is removed from the computer or within 14 days after receiving a proper counter-notification, unless the copyright owner files an action seeking a court order against the computer owner.
You should be aware that complainants who make false claims or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.
Counter-Notification in Response to Claim of Copyright Infringement
If an affected the College user believes in good faith that the College has removed or blocked allegedly infringing works by mistake or misidentification, the person may send a counter notification to the College’s designated agent. The College-designated agent will provide a copy of the counter notification to the person who made the report of claimed infringement.
Additionally, the designated agent will advise the complaining party of the College’s intent to replace any removed material or stop blocking access in 10 business days unless the complaining party initiates a legal action seeking a court order to restrain the user from engaging in infringing activity.
A counter-notification must be in writing and contain the following information:
- A physical or electronic signature of an authorized person
- Identification of the material removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located and that you will accept service of process from the complainant
You should be aware that substantial penalties under U.S. law apply for a false counter-notice filed in response to a notice of copyright infringement.
The College reserves the right, based on the circumstances of any particular case, to terminate network or internet services provided to any user at any time and without advance notice for any violation of copyright or other intellectual property rights of third parties.