The Digital Millenium Copyright Act (DMCA) provides an opportunity for online service providers (OSP’s) to shield themselves from liability for the actions of their subscribers that infringe on the copyrights of others.  All institutions of higher education that provide Internet access fall within the scope of the definition of an OSP, with relevant subscribers being their students, faculty and staff.

As an OSP, the College is potentially liable for monetary damages (plus attorneys’ fees) if any of its subscribers provide Internet access to material that infringes on the copyrights of others.  (The same is true if, for example, a subscriber transmits infringing materials in an e-mail message.)  Copyright owners are entitled to recover either their “actual” damages, or statutory damages that range as high as $30,000 per work infringed.  (In the case of willful infringement, the statutory damages can be as high as $150,000 per work.)  In all cases, the “fair-use” exemption that allows use of copyrighted materials in narrowly defined circumstances applies to materials in digital form just as it applies to traditional media.

The DMCA does not require that the College “police” the Internet activities of its faculty, staff or students.  Rather, it requires that the College respond in specified ways to avoid institutional liability when evidence of infringing activity is brought to its attention or when it receives information that makes it apparent that infringing activity is occurring.  The College follows DMCA requirements in the following way:

• When the College receives a notice from an agent (the RIAA, MPAA or other agent), the College will investigate who is attached to the network address given in the notice.  Following receipt of a proper notification, the College must “expeditiously” remove (“take down”) the infringing material or block access to it. 
• The College must “promptly” notify the subscriber of the College’s action.  (Such notification coupled with the removal of the material shields the College from liability for damages sought for the actions of the subscriber.)  We contact the person in question via email requesting that she remove the file(s) in question within 48 hours.  Internet access may be restored by calling the help desk (7440) and informing the assistants that the files have been removed.
• The subscriber may provide a signed, written counter notification (made under the penalty of perjury) to the College’s designated agent which includes the name, address and phone number of the subscriber.  The counter notification must identify the material that was removed and the location at which it appeared before removal, state that the material was erroneously removed because the copyright owner is either mistaken or the use of the material is lawful, consent to the jurisdiction of the Federal District Court for the Eastern District of Pennsylvania, and affirm that subscriber will accept service of process from the person providing notification.  If we do not hear from the person within the 48-hour timeframe, we restrict that person’s Internet access to on-campus sites only.
• At this point, the College must “promptly” notify the copyright owner and restore the material no less than 10 business days and no more than 14 business days after the owner is notified of the counter notification, unless the College first receives notice from the copyright owner that he/she has filed an action seeking a court order to restrain subscriber. 

In February 2007, the RIAA began sending pre-settlement and settlement letters to individuals they believed were infringing upon their rights as copyright owners.  If the College receives any such letters, we will notify students that such pre-settlement letters have been received and will forward those settlement letters to the individuals for whom they are intended.  If a student receives such a letter, it is that student’s responsibility to determine how to handle the situation.