Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) of 1998 includes provisions for limitations on liability for copyright infringements to online service providers (OSP) if certain procedures are followed. SBU qualifies as an OSP as defined in the DMCA. Therefore, SBU has implemented the required procedures to qualify for the liability protection provided in the DMCA.
SBU respects the rights of copyright holders and expects students, faculty and staff to comply with all applicable copyright laws. The Computing Resources Policy (CRP) for the SBU community provides guidelines for its system users.
Please provide written notification of possible copyright infringements on the SBU's website to the University's designated agent. The designated agent is:
Bibliographic Instruction Librarian
1600 University Avenue
Bolivar, MO 65613
Phone: (417) 328-1619
FAX: (417) 328-1652
Notification of Infringement
Title II of the DMCA (17 U.S.C.§ 512) designates that a notification of infringement must include the information that follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification 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.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SBU to locate the material.
- Information reasonably sufficient to permit SBU to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SBU will respond promptly to a notification of infringement in accordance with the procedures outlined in Title II of the DMCA (17 U.S.C.§ 512) . Failure to provide all of the above information may delay the processing of the complaint.
Take Down Procedures
Upon receipt of a notification of infringement, the Designated Agent will make a reasonable effort to contact the site or site owner containing the information in question. Voluntary take down of the material will be sought. However, if this is not successful, the University will act immediately to remove or disable access to this material. SBU will follow procedures as outlined in the DMCA regarding copyright infringement.
SBU may, at its discretion, revoke or disable access to computer resources to any system user for failure to abide by the terms outlined in the SBU Computing Resources Policy or when it is necessary to ensure the proper functioning and security of the computing resources.