Policies & Standards
Copyright Compliance
The Digital Millennium Copyright Act
The distribution of copyrighted materials over the Internet for which the distributor (any server - including your computer) does not have permission from the rightful owner can be a violation of federal criminal law, a law called the Digital Millennium Copyright Act of 1998 ("DMCA"). Most of the music, games or videos downloaded through file-sharing programs like KaZaa or Gnutella lack permission of the copyright owner. Moreover, those very programs that enable you to download automatically open file-sharing services from your computer. Thus, without your knowing it explicitly, by downloading the program and the files, your computer is programmed to share the files back out into the worldwide Internet. You are then therefore liable to be in violation of the DMCA.
Under the provisions of the DMCA, copyright holders or their designated representatives notify the University when they have determined that copyrighted materials are being distributed by a computer at Clark. These notices come from software or entertainment industries that focus their Internet scans on university or college networks for specific games, songs or videos, usually the currently most popular. The notices identify the infringing files and the IP address where they are located.
In order to alleviate its potential liability, Clark University must respond to these notices expeditiously. The user of the IP address identified in the complaint is sent a standard notice from the University's designated DMCA agent. Because intentional file sharing of material for which the user does not have the copyright holder's permission is a violation of the Policy on Acceptable Use of Clark's Information Technology System, a copy of the Standard Notice is also sent to the Dean of Students, Dean of GSOM, Dean of Graduate Studies, Human Resources, or Provost's Office, as appropriate, as part of a disciplinary action within the University. The user is requested to confirm a cease and desist action to the copyright. If the user ignores the request, then the DMCA agent instructs the ITS Network group to block his/her IP address, which effectively blocks the individual's Internet connection.
What can you do about it?
- Do not download copyrighted material for which you do not have the owner's permission.
- If you are using one of the file-sharing applications on the university's network, consider removing it from your system.
- If you choose not to remove the application, IMMEDIATELY ensure that your system is set to prevent the application from acting as a provider of unlicensed materials to other users. Information on how to do so may be found here.
- If you don't like or disagree with the law, learn more about and take a stand on it in the arena of national politics.
Revised, January 21, 2005
(Adapted from a document of the OIT Policy Office, Cornell University.)
For more information on United States Copyright Laws see the US Copyright Office.
Copyright Complaints
In accordance with the Digital Millennium Copyright Act, the Designated Agent to respond to reports alleging copyright infringements on Clark University web site locations is Michael Cole, Manager of Network Operations, telephone 508-793-7772. Send any such allegations to him by e-mail at copyright@clarku.edu or to his attention at 950 Main St., Worcester, MA 01610-1477.
The Digital Millennium Copyright Act requires the complainant to include certain information in the complaint. It specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements:
- a physical or electronic signature;
- identification of the infringed work;
- identification of the infringed material;
- contact information for the complainant, e.g. address, telephone number, electronic mail address;
- 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 or the law; and
- a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
For more information on United States Copyright Laws see the US Copyright Office.