STN-3300.04: DMCA Notifications

STANDARD SUMMARY

Intended Audience: All Western employees and students
Standard Owner: Director of Enterprise Infrastructure Services (EIS)

Western Washington University (WWU) is considered a Service Provider under the Digital Millennium Copyright Act (DMCA). Consequently, WWU is not liable for copyright infringements that occur on its network at the direction of its users, so long as the university makes a reasonable and expeditious effort to identify alleged violations and to remove infringing materials from its network.

Enterprise Infrastructure Services (EIS) is the Designated Agent responsible for receiving DMCA takedown notifications and identifying the alleged offenders. Alleged offenses occurring on the academic network are referred to Academic Technology & User Services (ATUS), and alleged offenses occurring on the residential network are referred to University Residences. ATUS and University Residences publish their internal procedures for responding to DMCA notifications on their respective websites.

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FULL DOCUMENT

Intended Audience: All Western employees and students

Standard Owner: Director of Enterprise Infrastructure Services (EIS)

1. Definitions

DMCA	The Digital Millennium Copyright Act of 1998, a copyright law that provides a legal framework for copyright holders to pursue claims of copyright infringement for digital materials.
HEOA	The Higher Education Opportunity Act, a 2008 law that includes provisions related specifically to peer-to-peer file sharing on university networks.

2. Roles and Responsibilities

2.1 Western Washington University is a Service Provider

Western Washington University (WWU) is considered a Service Provider under the DMCA. As such, it is shielded from liability for copyright infringement that occurs on its network at the direction of its users, under the Safe Harbor conditions in 17 U.S.C. Section 512(c).

WWU’s registered Service Provider information is:

Western Washington University
516 High St
Enterprise Infrastructure Services MS1450
Bellingham, WA 98225

2.2 Enterprise Infrastructure Services is the Designated Agent of WWU

Enterprise Infrastructure Services (EIS) is registered with the US Copyright Office as the Designated Agent for WWU. As the Designated Agent, EIS is responsible for maintaining a process for investigating claims made under the DMCA.

EIS’s registered Designated Agent information is:

Telecom Work Control
WWU Enterprise Infrastructure Services
516 High St
Enterprise Infrastructure Services MS1450
Bellingham, WA 98225
Phone: (360) 650-3600
Email: telecom@wwu.edu

2.3 Mandatory Actions Under the DMCA and HEOA

As a Service Provider, WWU is obligated—when it receives a DMCA notice—to use the information in the notice to make a reasonable effort to determine the identity of the alleged offender and to respond expeditiously to remove infringing material.

The HEOA further obligates WWU to maintain a written plan for responding to valid DMCA notifications, to include the following:

An educational component for the alleged offender.
Procedures for handling the unauthorized distribution of copyrighted material.
Technology-based deterrents.
A published list of legal alternatives to illegal peer-to-peer file sharing.
Periodic review of the written plan.

EIS does not respond to DMCA notifications that are not sent directly to the Designated Agent, or that are missing the identifying information required by law. EIS does not to reply to the notification issuer about what actions, if any, it has taken.

3. Processing DMCA Notifications

3.1 Identifying Alleged Offenders

EIS will make a reasonable effort to expeditiously identify alleged offenders based on the identifying information provided in a DMCA notification. Alleged offenses occurring on the academic network will be referred to Academic Technology & User Services (ATUS). Alleged offenses occurring on the residential network will be referred to University Residences.

EIS may use any available systems and network logs to aid in the identification of alleged offenders.

3.2 Publishing Internal Policies and Procedures

University Residences will publish its internal policies and educational materials for resident students on its website at https://housing.wwu.edu/restek/policies/network-misuse-and-copyright.

ATUS will publish its internal procedures and educational materials, including all materials required to comply with the HEOA, at https://atus.wwu.edu/kb/what-you-need-know-about-copyrights-and-file-sharing.