Copyright Complaint Response Policy

CCA Response to Claims of Copyright Infringement

When CCA receives a copyright infringement claim involving music, video, software, or other digital materials, it is require to take the following steps under the 1998 federal statute known as the Digital Millennium Copyright Act or DMCA:

  • we check network usage logs and registration information to examine the system alleged to be involved in copyright infringement and we identify the person using it;

  • we block Internet access for the user's IP address;

  • we DO NOT disclose the user's identity to the claimant;

  • we request a meeting with the user, to inform them of the claim of infringement and to ask if the copyrighted material in question has been downloaded or shared without permission. Until this meeting occurs, Internet access will remain blocked.

  • under the DMCA, the claimant may pursue a subpoena to obtain the identity of the system user and may take legal action against the user.

First-Time Offenses

If the user acknowledges using the copyrighted material without permission, we:

 

If the user denies using the copyrighted material without permission, we:

  • require the user to submit a statement denying the copyright infringement claim;

  • restore Internet access for the user's IP address.

If the user is an employee, alumni or guest of the college, alternative or additional actions may be taken at the discretion of the Chief Information Officer.

Second-Time Offenses

If the user acknowledges a second instance of using copyrighted material without permission, we:

  • require the user to re-read the Acceptable Use of Campus Technology and to review information about the DMCA statute and copyright regulations;

  • require the user to submit a statement: (a) confirming the second case of copyright infringement, (b) acknowledging violation of the Computer User Agreement and his/her promise not to repeat this behavior, and (c) recognizing that any further violations will result in actions the College deems appropriate;

  • deny the user's IP address access to the campus network for five days and block Internet access for a period not to exceed 120 days;

  • refer student behavior for violation of Student Code of Conduct.

  • internally: please have your staff fill out a CCA Cares Incident Report Form.

If the user is an employee, alumni or guest of the college, alternative or additional actions may be taken at the discretion of the Chief Information Officer.

Pre-Litigation Letters

In February 2007, the Recording Industry of America (RIAA) announced a new strategy for dealing with suspected instances of copyright infringement.  The RIAA and other claimants began sending "settlement letters" to colleges indicating their intention to sue users of systems engaged in illegal file sharing and asked colleges to forward those letters to users.  A sample settlement letter can be found at:   http://www.educause.edu/ir/library/pdf/CSD4832.pdf

The letters inform users that they can avoid lawsuits by immediately making contact and paying settlement fees.  If users decline to do this, subpoenas will be sought to require colleges to disclose users' identities.  Lawsuits will then be filed.  Users may, at that time, avoid a lawsuit by paying settlement fees larger than the original settlement amount.  If users again decline, lawsuits will be pursued to obtain damages and recover legal fees.

In the event that CCA receives a settlement letter, the College will:

  • treat the letter as a copyright infringement claim per the DMCA response guidelines;

  • forward the pre-litigation letter to the system user;

  • CCA will not disclose the identity of a system user unless presented with a subpoena or other legally valid writ.