U.S. Copyright Act and The Digital Millennium Copyright Act Sound and Video Recordings
Bowdoin College complies with the provisions of the Digital Millennium Copyright Act (DMCA). It is illegal, as described in the Federal law (Title 17 of the US Code, and more recently the Digital Millennium Copyright Act, 105 PL 304), to download, upload, or distribute in any fashion, copyrighted material, in any form without permission or a license to do so from the copyright holder. Bowdoin College neither condones nor supports in any way the use of copyrighted material in ways in which it was not intended.
This policy is made part of Bowdoin College’s IT Computer Use Policy.
- Designated Agent
- Response Protocol
The designated agent to receive notification of claimed infringement under Title II of the DMCA for Bowdoin College is:
- Mitchel W. Davis
- Chief Information Officer
- 3075 College Station
- Brunswick, ME 04011- 8421
- Telephone: 207-725-3930
- Email: firstname.lastname@example.org
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complainant, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complainant 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Response Protocol to Infringment Claims
Protocol for response to a complaint regarding copyrighted materials:
- If any Bowdoin College employee or agent is informed about a copyright infringement complaint, he/she will send the entire complaint to the designated agent for Bowdoin College.
- The designated agent will determine the identity of the individual involved in the complaint and the status of the individual (student, faculty or staff member).
There are two protocols that take place depending upon whether the individual has a previous record on file with the designated agent.
If this is a first complaint against the individual, the designated agent or his designee will send the individual an e-mail notice requesting that all questionable materials be removed from his/her computer and that the individual notify the designated agent via e-mail within 72 hours that the materials have been removed.
- If the individual is a student, copies of the letter and the complaint will be automatically forwarded to the Dean of Student Affairs for appropriate action. The Dean of Student Affairs or his designee will inform the student of this policy. The Office of the Dean of Student Affairs will maintain a database of students and keep track of the number of violations for purposes of taking disciplinary action, if any.
- If the individual is a faculty member, copies of the letter and the complaint will also be forwarded to the appropriate academic department chair and the Dean for Academic Affairs for appropriate action.
- If the individual is a staff member, copies of the letter and the complaint will also be forwarded to the supervisor and department head for appropriate action.
If the involved person complies with the request to remove questionable materials within 72 hours, the designated agent will notify the complainant of the institutional resolution.
Failure to Comply
If the involved person does not comply with the request of the designated agent within 72 hours, the following steps will be taken:
- Students - if the individual is a student, the IT Department will automatically deactivate access to the Bowdoin College network and remove any unauthorized or illegal material stored on the network. The IT Department will notify the office of the Dean of Student Affairs and the student that such actions have been taken. In accordance with the College’s Social Code, failure to comply with this or any portion of the IT Computer Use Policy may result in discipline.
- Faculty - if the individual is a faculty member, the CIO shall notify the faculty member via e-mail of deactivation of access to the Bowdoin College network in 72 hours unless there is compliance with the original request. Copies of this notice will be sent by the IT Department to the appropriate dean and the Dean for Academic Affairs. If the faculty member does not comply within the specified time frame, the CIO will deactivate access to the network and remove any unauthorized or illegal material stored on the network
- Staff - If the individual is a staff member, the procedure is identical to the procedure for faculty, with the exception that copies of the notice are sent to the supervisor and/or department head.
RIAA Policy - Additional Info
In all cases, the designated agent will notify the complainant of institutional resolution.
The designated agent will retain the record for three years from the date of receiving the complaint.