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Digital Millennium Copyright Act (DMCA)

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.

Information about the details of the DMCA and all its' titles is plentiful and can be found on the Internet.  The purpose of this page is to provide information about the University's procedure for handling the receipt of "take down" notices regarding copyright infringement and to inform users about the escalating consequences that take place with repeated violations.

Wesleyan's policy is based on its qualification under a provision of the act (Title II: The Online Copyright Infringement Liability Limitation Act, "OCILLA") that creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. Wikipedia,http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Title_II:_Online_Copyright_Infringement_Liability_Limitation_Act

"Take Down" Notice Process

Wesleyan does not monitor user activity nor does it play a part in identifying material that may have been acquired in violation of copyright.  Wesleyan is legally responsible for acting on the receipt of notices received from authorized agents. 

Wesleyan receives notices at the designated address of dmca@wesleyan.edu from authorized agents. The notice provides an IP address as well as date and time of the infringing event.  ITS Network Administrators determine the user from the IP address.  At that time, the infringement notice is forwarded  directly to the user. An original of the email is maintained. The user is placed into quarantine and loses network access.  

First violation:

Students: lose network access and must report to student Help Desk to have the infringing material removed from their system. Once the infringing material is removed, network access is restored. 
Staff/Faculty:  lose network access and must contact their Desktop Support Specialist to have the infringing material removed from their system. Chief Information Officer and user's supervisor is notified. Once the infringing material is removed, network access is restored.

Loss of access is part of all violations. 

Second violation:

Students: referred to Director of User and Technical Services. Once the student has met with the Director and the infringing material is removed, network access is restored. 
Staff/Faculty: referred to Human Resources or Provost as appropriate. These offices will advise ITS as to restoration of network access.

Third and subsequent violations:

Students: referred to Student Judicial Board including timeframe of restoration of access.
Staff/Faculty: referred to Human Resources or Provost as appropriate including timeframe of restoration of access.