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DMCA

DMCA safe harbor provisions help "Online Service Providers" such as us avoid liability from copyright infringement by our users.

As specified in our contact page, we are required to act upon a valid DMCA takedown notice sent to our DMCA designated agent (in the University). If we receive notices directly from outside the University, ask the complaining party to send a valid DMCA takedown notice to the designated agent. Please keep the University involved.

An example of instructions for a DMCA takedown notice is the GitHub DMCA Takedown article.

If a DMCA takedown notice is received, refer to Guidelines for Compliance with the Online Service Provider Provisions of the Digital Millennium Copyright Act, a 6-page document by the University, which describes the procedure that we should follow:

  1. "Notice" is sent to the service provider by the complaining party.
  2. The service provider notifies the subscriber and removes or disables the allegedly infringing material.
  3. The service provider provides a copy to the complaining party of a timely counter-notice from the subscriber and notifies it that the removed or disabled material will be restored in no less than 10 business days and no more than 14 business days unless the entity notifies the provider that it has sought a court order for injunctive relief.
  4. The service provider restores the allegedly infringing material (to avoid liability to the subscriber) if it has not received a timely notice from the complaining party that injunctive relief has been sought.

(More details on each step are in the document.)

For other takedown or cease and desist notices like trademark claims, you should provide similar notification to our users, but consult with the University.

In general, for all takedown or cease and desist notices (DMCA or otherwise):

  • If the request originates from outside the University, consult with the LEAD Center and/or the DMCA designated agent (IT Policy). For DMCA notices, the designated agent should be telling us what to do.
  • If the request originates from within the University, for example a professor, also consult with our Faculty Advisor and/or the ASUC.
  • Regardless of action, be sure to always provide adequate notice to our users and offer to assist them (of course, we cannot provide legal advice, but the University or ASUC may be able to).

Lumen Database submission

We like to forward any takedown or cease and desist notices to the Lumen database. Please ask for a copy of the original notice from the University if one is not provided.

To submit a notice to the database, first sign in with the OCF account using credentials from the passwords file. Then fill out the create new notice form. The "recipient" field should be the University, the "sender" field should be the entity that sent the request, the "principal" field is the copyright holder, and the the "submitter" is the OCF.