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Web Policy
Procedures for handling computer-related incidents involving copyright infringement by Messiah College students or employees and posting of objectionable content were approved by College Counsel, in conjunction with the Offices of ITS, Public Relations, and the Division of Student Affairs in April 1999.Note: The campus community may receive assistance with copyright clearance through Faculty Services’ Copyright Clearance Center by calling ext. 6023.
Assumptions:
- The College’s current Computing Access Policy contains adequate language to allow the College to “police” situations involving alleged copyright infringement.
- The College’s existing student and employee disciplinary procedures should be used to adjudicate such situations.
- The Digital Millennium Copyright Act of 1998 (DMCA) requires the College, as an online service provider, to take certain actions when notified of alleged copyright violations appearing on its site, as well as to make certain copyright law information available to site users.
- Because the College functions as an online service provider (OSP), DCMA also requires Messiah to name a designated agent to receive notice of claimed copyright violations, and to post instructions to be followed by such claimants. The necessary document has been filed with the Copyright Office of the Library of Congress designating the College Webmaster as the agent. This information is posted on the Legal Information page that links from the College’s home page. The College also provides links on this page to web sites that provide students with information about the use of music and other copyrighted material on the Internet.
- The College Webmaster’s role is limited to dealing with alleged web site copyright violations. He need have no role in dealing with a student who posts morally objectionable material which may violate the Community Covenant or the relevant portions of the Computing Access Policy. That policy is as follows:
Procedure for Objectionable Content Posted by a Student:
- When the posting of allegedly objectionable material is reported (presumably to ITS or Student Affairs), the Director of Community Development (or his designee) will review the material to make an initial determination of whether it violates stated College standards. If it does, he will be responsible to notify the student to remove the material within 24 hours.
- The Director of Community Development (or his designee) will be responsible to verify that the material has been removed as directed. If it has not been removed, he will be responsible to contact the Director of ITS to instruct that the student’s Internet access be disabled.
- Student Affairs will be responsible to pursue any student disciplinary procedures deemed appropriate.
Procedure for Claimed Copyright Infringement by a Student or Employee:
- Any notification of alleged copyright infringement (which would probably be first received by ITS) should be forwarded to the College Webmaster immediately and copied to College Counsel, who will review the notification to assure that it contains the information required under DMCA.
- The College Webmaster will then be responsible to notify the Director of ITS (if the original complaint had not come through ITS), the Director of Community Development (if involving a student), the Provost (if involving a faculty member), or the appropriate vice president (if involving an employee other than faculty).
- The College Webmaster will be responsible to contact the alleged infringer immediately by email. This communication by the College Webmaster will be copied to the Director of ITS, College Counsel, and the appropriate dean or vice president. The communication will contain:
- A copy of the original notice claiming infringement
- Instruction to remove the material within 24 hours and to so notify him
- A warning that DMCA enables the copyright owner to subpoena information concerning the student from the College
- Notification that ITS will disable the student’s Internet access if the material is not removed as directed
- A direction to notify the College Webmaster immediately if the recipient claims the use of the material to be lawful
- The College Webmaster will be responsible to confirm at the end of the 24 hour period that the allegedly infringing material has been removed. If it has not been removed and he has received no claim that its use is lawful, he will instruct ITS to disable the infringer’s Internet access.
- If the alleged infringer claims that his/her use of the material is lawful, the College Webmaster will contact College Counsel for the proper procedure to follow under DMCA
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