DMCA Notice and Takedown Procedures

The Digital Millennium Copyright Act allows Internet Service Providers such as the College to avoid liability for material posted on the ISP's site which infringes someone's copyright. In order to qualify for this protection, the College must designate an agent for notification of infringing material. The College must have no actual knowledge of the infringement or of circumstances that would make the infringement apparent, and must act expeditiously after notification of possible infringement remove or disable access to the alleged infringing material. Further the College must not interfere with technical measures taken by owners of copyrights to protect their material.

There are technical requirements for the notification of infringement, and there are specified actions the College must take in response, including immediately removing or disabling access to the material. There are also procedures through which the person who posted the material may dispute the copyright owner's allegation and have the material reposted. There are also specified penalties for copyright owners who falsely allege infringement.

All of these procedures are set out in Section 512 of the DMCA. A more user-friendly explanation and application of these measures is provided on the Educause website.

The WCC Policy designates the Executive Director of Library as the agent to receive notice from copyright owners alleging infringement. The Executive Director, in consultation with counsel, will determine whether to take advantage of the DMCA's protective procedures and what steps will be taken to handle the complaint.

Debra Oliver
Assistant to the Executive Director of Library
[email protected]
Phone: (734) 973-3379