Digital Millennium Copyright Act
The University computer networks, including its online library and classroom environment are critical assets. Accordingly, Western International University respects the rights of the copyright owners and expects its faculty, staff, students, and other network users to comply with the U.S. copyright laws. Federal law prohibits the reproduction, distribution, public display or performance of copyrighted materials over the Internet without permission of the copyright owner, except in compliance with fair use or other copyright applicable statutory exceptions. For more information on copyright law, please refer to the University’s Copyright Infringement and Peer-to-Peer File Sharing Policy.
In addition to sanctions that may be applicable under the University Student Code of Conduct Policy, the Acceptable Use of Computing Resources Policy or other policies, Western International University may terminate the network accounts or access to users who have repeatedly infringed on the copyrights of others. Western International University, in compliance with the federal Digital Millennium Copyright Act (DMCA), has established a mandated process for receiving and tracking alleged incidents of copyright infringement.
The University has designated an agent who will investigate notices of alleged copyright infringement and take appropriate actions. Such actions may include terminating repeat infringers accounts under the Digital Millennium Copyright Act (DMCA). The copyright infringement notices must be given in writing, preferably by email, or by U.S. mail to the agent listed below:
Western International University
Attn: Copyright Agent
Subject: Copyright Compliance
4025 S. Riverpoint Pkwy., CF-K612
Phoenix, AZ 85040
If a valid DMCA notification is received, the University will respond under this process by taking down the infringing content found on our networks. On taking down content under the DMCA, the University will take reasonable steps to contact the owner of the removed content so that a counter notification may be filed. Upon receiving a valid counter notification, the University will generally restore the content in question, unless the University receives notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note that the DMCA provides that you may be liable for damages including costs and attorneys fees if you falsely claim that someone is infringing on your copyright. Alternatively, you can also be liable for damages including attorneys’ fees if you materially misrepresent that an activity is infringing on the copyright of another. Therefore, the University recommends contacting an attorney if you are unsure whether your work or the work of another is protected by copyright laws.
Filing Notice of Alleged Infringement
Following is the process for filing a notification under the DMCA. Notice must be given in writing to the designated agent as specified above and contain the following information:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon; for example, describe the work that you own.
- Identify the material that you claim is infringing on your copyright and provide detailed information reasonably sufficient to locate the infringing item; for example, provide the link to the infringing material.
- Provide a reasonably sufficient method of contacting you: phone number, address and email address.
- If possible, when reporting infringement, provide any information that allows the University to notify the alleged infringing party of notice of the alleged infringement.
- The following statement must be included in your notice: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
- The following statement must be included in your notice: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- The notice must be signed.
Filing Counter Notification of Alleged Infringement
The person or provider of the alleged infringing material may present a counter notification pursuant to the DMCA. Upon proper counter notification, the University may reinstate the removed content. Notice must be given in writing to the designated copyright agent as specified above and contain the following information:
- Identify the material that has been removed. This may include providing the location or the URL when possible.
- Provide your name, address telephone number and email address if available.
- Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside, or for any address outside the United States, for any judicial district, in which the service provider may be found and that you will accept service of process from the person who provided notification to the University of the alleged infringement or an agent of such person.
- Provide the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The notice must be signed.
Upon receiving a valid counter notification, the University will provide the person who filed the original notification with a copy of the counter notice and inform them that the material will be reinstated or access to it restored between 10 and 14 business days following receipt of the counter notice, pursuant to the DMCA unless the University receives notification that legal action to seek a court order restraining the alleged infringer from further engaging in the infringing activity has been filed.