Occidental College Policy Content - Reviewed by VP/CIO Fall 2021
The increased availability of items and materials in digital format through global networks brings about a heightened for awareness and compliance with copyright laws and acts. United States copyright laws apply to written works, motion pictures, artistic works, photographs, musical compositions and other creations. The laws are intended to preserve the copyright owner with an exclusive right to reproduce and distribute. With a few exceptions, any person other than the copyright owner who copies, shares, uploads, downloads, swaps or other similar activities with respect to a copyrighted work without the express written permission of the owner is committing a federal crime.
Occidental College strongly supports compliance with U.S. copyright law and protecting the rights of intellectual property owners. Occidental College is also in compliance with the Digital Millennium Copyright Act of 1998(DMCA) .
Individuals using computers and networks (“Digital Information Systems") at Occidental College are responsible for complying with copyright laws and the College's policies and procedures regarding the use of Digital Information Systems. Occidental College reserves the right to deny, limit, revoke or extend computing privileges and access to its Digital Information Systems in its discretion. In addition, alleged violations of copyright laws and the College's policies and procedures regarding the use of Digital Information Systems may result in an immediate loss of computing privileges and may also result in the referral of the matter to appropriate authority. See the Occidental College Appropriate Use Policy
Copyright holders who believe their copyrighted material has been infringed by an account holder must notify Occidental College’s Chief Information Officer (the “Designated Agent") of the allegedly infringing action or material in writing. The notification must include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted material that is claimed to be infringed in sufficient detail to permit the College to locate the allegedly infringing material on the College’s Digital Information Systems;
- A statement of the basis for the claim of possible infringement and good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner;
- Current contact information including a full name, company name, mailing address, email address, phone and FAX numbers.
This is to notify copyright holders that Occidental College’s Designated Agent to receive notices and requests concerning claimed infringement, pursuant to the Digital Millennium Copyright Act, is James Uhrich, Chief Information Officer (CIO) / Associate VP for Information Technology Services. Any copyright holder wishing to send a notice to Occidental College regarding possible copyright infringement should file that notice in writing at the following address:
VP for Information Technology Services
Los Angeles, CA 90041
The Designated Agent will promptly investigate any complaints properly made pursuant to the DMCA by copyright owners regarding allegedly infringing activity by any student, faculty member or staff member of Occidental College.
The Designated Agent will notify the allegedly infringing user of the complaint by forwarding the complaint to the user and discussing the matter in person with the user. We will inform the user that such allegations, if true, constitute a violation of United States copyright laws.
If Occidental College believes that the activity violates any applicable law, we will expeditiously take down or block access to any infringing material and/or require the student, faculty member or staff member to (i) permanently delete any infringing material from his or her computer hard drive and any other place in which such infringing material resides, and (ii) confirm in writing that such deletion has occurred.
If an allegedly infringing user wishes to dispute the copyright owner’s claim, the user must, within 72 hours, respond to the Occidental College Designated Agent with a statement containing the following information:
- The name, address and phone number of the allegedly infringing user;
- Identification of the material in dispute;
- A statement that the allegedly infringing user has a good faith belief that either (i) the material is not, and never was, in the user’s possession or located on any property owned or used by the user, or (ii) the material was mistakenly identified as infringing on the copyright; and
- A physical or electronic signature of the allegedly infringing user.
Upon receiving this statement, the Designated Agent will immediately forward it to the copyright owner who submitted the complaint. Occidental College will consider the matter resolved unless we hear otherwise from the copyright owner. We will attempt to resolve all disputes within 10 days after receiving the complaint.
Additional information regarding the Digital Millennium Copyright Act may be found at http://www.copyright.gov/reports/studies/dmca/dmca_study.html
Reviewed by VP/CIO Fall 2021