Digital Millennium Copyright Act Procedures & Information

The purpose of this policy is to establish the State University of New York College at Plattsburgh’s compliance with the Digital Millennium Copyright Act (DMCA) and other applicable federal copyright laws governing the use of copyrighted materials on University-owned or University-operated information technology resources.

This policy establishes procedures for receiving and responding to copyright infringement notices, defines the responsibilities of University community members, supports compliance with federal law, and preserves the University’s eligibility for the safe harbor protections afforded to online service providers under 17 U.S.C. §512. The DMCA requires qualifying service providers to adopt and reasonably implement a policy addressing repeat copyright infringement and to respond expeditiously to valid
infringement notices.

Date	Version Number	Change Description	Referenced Section
c. July 2008	1.0	New Document	Entire Document
12/13/18	1.1	Minor Revisions
9/17/20	1.2	Minor Revisions	Contact Agent Email
2/1/22	1.3	Minor Revisions	Owner Name
8/17/26	1.4	Minor Revisions

 Review Process / Approval

Action:	Units	Date
Policy Review	Information Technology Services Management Services
Policy Approval	Executive Council

This policy applies to all users of University information technology resources, including but not limited to:

• Faculty
• Staff
• Students
• Volunteers
• Research Foundation employees
• Auxiliary Services Employees
• Contractors
• Vendors
• Affiliates
• Alumni with active accounts
• Visitors utilizing University technology resources
• Departments
• Academic units
• Administrative offices
• Any individual or organization utilizing University-owned or University-managed computing, networking, cloud, telecommunications, storage, or online services.

University technology resources include, but are not limited to:

• Campus wired and wireless networks
• Internet connectivity
• Learning Management Systems
• University websites
• Cloud storage
• File sharing services
• Email systems
• Collaboration platforms
• Research computing
• Servers
• University-owned computers
• Personal devices connected to University networks
• Media streaming services
• Digital repositories
• Web hosting platforms
• Any future University-operated information technology service.

Copyright — Legal protection granted to creators of original works of authorship.

Copyright Infringement — Unauthorized reproduction, distribution, display, performance, or creation of derivative works protected by copyright.

Counter Notification — A formal legal response submitted by an individual asserting that removed material was removed due to mistake or misidentification.

Designated DMCA Agent — SUNY Plattsburgh shall designate an official DMCA Agent responsible for receiving copyright infringement notices in accordance with 17 U.S.C. §512(c). The designated agent shall be registered with the U.S. Copyright Office. The agent’s current contact information shall be published on the University’s website and maintained with the U.S. Copyright Office’s online Designated Agent Directory.

Digital Millennium Copyright Act (DMCA) — Federal legislation enacted in 1998
establishing copyright protections in digital environments and creating safe harbor provisions for online service providers.

Fair Use — A legal doctrine permitting limited use of copyrighted works without
permission under specific circumstances.

Notice of Claimed Infringement — A written notification alleging copyright infringement submitted under 17 U.S.C. §512.

Online Service Provider — An organization providing online services or network access that may qualify for DMCA Safe Harbor protections.

Peer-to-Peer (P2P) — Technology allowing users to exchange files directly between computing devices.

Safe Harbor — Legal protections limiting liability for online service providers that comply with Section 512 of the DMCA.

University Technology Resources — All University-owned, managed, licensed, or
operated computing, networking, telecommunications, storage, and cloud services.

Information Technology Services

ITS shall:

• Administer this policy.
• Maintain DMCA compliance procedures.
• Coordinate responses to infringement notices.
• Maintain technical controls where appropriate.
• Preserve required records.
• Coordinate with campus leadership.
• Provide educational resources.
• Recommend updates to this policy.

DMCA Designated Agent

The University’s Designated Agent shall:

• Receive infringement notices.
• Verify notice completeness.
• Coordinate take down actions.
• Maintain required records.
• Receive counter-notifications.
• Coordinate with legal counsel.
• Maintain registration with the U.S. Copyright Office.

Office of General Counsel

Legal Counsel shall:

• Provide legal interpretation.
• Assist with complex infringement matters.
• Review litigation-related issues.

Human Resources

Human Resources shall:

• Coordinate employee disciplinary actions when appropriate.

Student Affairs

Student Affairs shall:

• Coordinate student conduct proceedings involving copyright violations.

Faculty, Staff, Students, and Other Users

Users shall:

• Comply with applicable copyright laws.
• Respect intellectual property rights.
• Refrain from unauthorized distribution of copyrighted material.
• Cooperate with investigations.
• Respond truthfully to requests for information.
• Complete required training when assigned.

7.1 Reporting Alleged Copyright Infringement

Copyright owners or their authorized representatives who believe that copyrighted material has been used on University-operated systems in a manner that constitutes copyright infringement shall submit a written notification to the University’s Designated DMCA Agent.

A valid notification should include the information required under 17 U.S.C. §512(c)(3), including:

• A physical or electronic signature of the copyright owner or authorized
  representative.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the allegedly infringing material and information reasonably
  sufficient to permit the University to locate the material.
• Contact information for the complaining party.
• A statement that the complaining party has a good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information contained in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Incomplete notices may be returned without action until sufficient information is provided.

7.2 Receipt of DMCA Notice

Upon receipt of a valid DMCA Notice, Information Technology Services shall:

1. Record the date and time the notice was received.
2. Verify that the notice satisfies applicable statutory requirements.
3. Assign an internal tracking number.
4. Notify the University’s Designated DMCA Agent.
5. Preserve relevant logs and records as appropriate.
6. Coordinate with the Office of General Counsel when necessary.

7.3 Investigation

Information Technology Services shall investigate the allegation to determine:

• Whether the identified material resides on University-managed systems.
• Whether the identified user or department can be reasonably determined.
• Whether the material appears to violate University policy or applicable copyright law.
• Whether additional information is required before further action is taken.

Nothing in this policy requires the University to independently determine ownership of copyrighted material beyond the requirements established by the Digital Millennium Copyright Act.

7.4 Removal or Disabling of Access

When required under applicable law, the University shall act expeditiously to:

• Remove the allegedly infringing material; or
• Disable public access to the material.

Where technically feasible, Information Technology Services may preserve a secure copy of the removed material for evidentiary purposes.

Removal of material under the DMCA shall not be interpreted as a determination that copyright infringement has occurred.

7.5 Notification to the Account Holder

When material is removed or access is disabled, Information Technology Services shall notify the affected account holder whenever legally permissible.

The notification should include:

• A description of the material removed.
• The reason for removal.
• Information regarding the DMCA complaint.
• Information regarding the right to submit a counter-notification.
• Applicable University policies.

7.6 Counter Notification Procedure

An individual whose material has been removed may submit a written
counter-notification that complies with 17 U.S.C. §512(g).

The counter-notification should include:

• The individual’s physical or electronic signature.
• Identification of the material removed.
• The location where the material previously appeared.
• A statement made under penalty of perjury that the material was removed as a result of mistake or misidentification.
• The individual’s name, address, and telephone number.
• A statement consenting to the jurisdiction of the appropriate federal court.

Upon receipt of a valid counter-notification, the University shall process the response in accordance with applicable federal law.

7.7 Repeat Copyright Infringement

The University shall maintain a reasonable policy addressing repeat copyright
infringement.

ITS shall document copyright complaints received involving University accounts.

Repeated violations may result in progressive actions including:

• Educational notification.
• Written warning.
• Temporary restriction of network services.
• Temporary suspension of computing privileges.
• Referral to Student Conduct.
• Referral to Human Resources.
• Permanent revocation of network access when appropriate.
• Additional disciplinary action consistent with University policy.

Nothing in this section limits the University’s authority to take immediate action when warranted.

7.8 Peer-to-Peer File Sharing

ITS may employ reasonable technical measures to discourage unauthorized
peer-to-peer file sharing, including:

• Network monitoring consistent with University policy.
• Bandwidth management.
• Traffic analysis.
• Security controls.
• Network access restrictions.
• Device isolation when necessary to protect University resources.

Such measures shall be implemented in accordance with applicable laws and University privacy policies.

7.9 Record Retention

Information Technology Services shall maintain records related to:

• DMCA notices.
• Counter-notifications.
• Investigations.
• Correspondence.
• Actions taken.
• Repeat infringement determinations.

Records shall be retained in accordance with applicable SUNY records retention
schedules, New York State records management requirements, and University records retention policies.

7.10 Education and Awareness

Information Technology Services shall provide periodic education regarding:

• Copyright law.
• Fair Use.
• Intellectual property.
• Legal alternatives to unauthorized downloading.
• Peer-to-peer file sharing.
• University responsibilities under the DMCA.

Educational materials may be provided through:

• New student orientation.
• Employee onboarding.
• Annual security awareness training.
• Information Technology Services websites.
• Campus communications.
• Learning management systems.

7.11 Appeals

Questions regarding actions taken under this policy may be directed to Information Technology Services.

Appeals involving student disciplinary actions shall follow the procedures established in the Student Code of Conduct.

Appeals involving employees shall follow applicable collective bargaining agreements, Human Resources procedures, and University employment policies.

Legal disputes concerning copyright ownership or infringement shall be resolved through the processes established under applicable federal law.

None

Applicable Federal Laws

• Digital Millennium Copyright Act (DMCA), Pub. L. 105-304
• 17 U.S.C. Chapter 5
• 17 U.S.C. §512 – Limitations on Liability Relating to Material Online
• 17 U.S.C. §106 – Exclusive Rights in Copyrighted Works
• 17 U.S.C. §107 – Fair Use
• 17 U.S.C. §108 – Reproduction by Libraries and Archives
• 17 U.S.C. §1201 – Circumvention of Copyright Protection Systems

Higher Education Guidance

• Higher Education Opportunity Act (HEOA) – Copyright and Peer-to-Peer File
  Sharing Requirements
• EDUCAUSE DMCA Guidance for Higher Education Institutions

U.S. Copyright Office Resources

• Digital Millennium Copyright Act Overview
• Section 512 Safe Harbor Resources
• DMCA Designated Agent Directory
• Copyright Registration Information
• Fair Use Resources
• Copyright Basics

University Policies (Related)

• Acceptable Use of Information Technology Resources
• Information Security Management Policy
• Telecommunications Services Policy
• Data Governance Policy
• Records Management Policy
• Student Code of Conduct
• Employee Handbook
• Web Governance Policy

Method	Date
Campus Handbook	N/A
Faculty / Staff Digest	N/A
Student Digest	N/A
Other	N/A

There are no specific trainings identified with this policy.