1

What is the DMCA? Digital Millennium Copyright Act. Signed into law in Provides the legal framework for copyright holders to claim copyright infringement in the digital world. 2

What is the DMCA? Affects Internet Service Providers (“ISPs”), including campus networks. ISPs are generally not liable for content sent over, or stored on, their network provided that they take certain actions when notified of a violation. 3

Are all Violations the Same? No. There is a difference between violations on institutionally owned machines and servers (512[c]) and on personal devices that are on the institution’s network (512[a]). 4

What is the DMCA? Safe Harbor for Passive Conduit under DMCA §512(a) (no action necessary). A campus network is eligible for Safe Harbor under DMCA §512(c) if it: – Designates a DMCA Registered Agent; – Had no prior knowledge or financial benefit from copyright infringements; and – Complies with Takedown Notices. 5

Becoming your Institution’s DMCA Registered Agent 6

The DMCA Notice To be effective, a DMCA “notice” must be a written communication to a service provider’s designated agent that includes substantially the following: a physical or electronic signature of a person authorized to act on behalf of the owner; identification of the copyrighted work alleged to be infringed; identification of the material claimed to be infringing or which is the subject of infringing activity; information sufficient to allow the ISP’s designated agent to contact the complaining party, e.g., address, telephone number, and address; a statement that the complaining party has a good faith belief that use of the material is unauthorized; and a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner. 7

Some Thoughts on DMCA Compliance 8

Questions 9

Higher Education Opportunity Act HEOA signed into law in 2008 Negotiated rule making process failed DoE followed the compromises anyway Proposed Regulations in August 2009 Final Regulations in October 2009 Went into Effect August

Among the Thousands of Requirements… 1. Notification 2. Written Plan (see NACUA Note for more info) P2P Regulations 11

Notification Include with other notices (College Handbook) Three Parts: 1.a statement that unauthorized distribution of copyrighted material may bring civil and criminal penalties (We suggest “Unauthorized distribution of copyrighted material may bring civil and criminal penalties.”); 2.a summary of the penalties for violating copyright law; and 3.a description of the college’s specific policies. EDUCAUSE list of “Role Model” campuses:

Written Plan Six Parts: 1.Have a written policy; 2.Include procedures for handling unauthorized distribution; 3.Include use of ≥ 1 technology-based deterrents; 4.Periodically review legal alternatives; 5.May offer legal alternatives as deemed appropriate; and 6.Periodically review the plan. 13

Written Plan 1.Have a written policy: Applies to all network users, not just students. Need not interfere with research requirements or business practices. Must include an educational component. Method of education is left to the Institution. 14

The Lowdown on the Download: Legal, Technical and Practical Information about File Sharing Written Plan 2. Include procedures for handling unauthorized distribution: Active monitoring not required. Respond when notified. Must include disciplinary process (potentially). 15

The Lowdown on the Download: Legal, Technical and Practical Information about File Sharing Written Plan 3.Include use of ≥ 1 technology-based deterrents: Regulations are technology neutral. You need not buy anything. Deference to Institution. Deterrents include: Packet shaping; Content filters; Accepting and responding to DMCA notices. 16

The Lowdown on the Download: Legal, Technical and Practical Information about File Sharing Written Plan 4. Periodically review legal alternatives: Publish on Institution Web site. EDUCAUSE is cataloging legal alternatives. 5. May offer legal alternatives as deemed appropriate: Only to the extent practicable. 6. Periodically review the plan: Institution determines relevant assessment criteria. Periodic not defined (at least annually should be sufficient). 17

Some Thoughts on HEOA Compliance 18

Questions 19

The FAQ: