Enterprise Alleged Copyright Infringement Response Policy

Subject:  Information Technology

Revised:  November 7, 2012

Effective:  November 7, 2012

Review Date:  November 2015

Responsible Party:  Enterprise Chief Information Officer

 
 

 

100.00 Introduction

The Digital Millenium Copyright Act of 1998 prohibits copyright infingement of digital works or through digital means. The University must exercise due diligence in the protection of copyrights and the prevention of infringement. Persons wishing to report an alleged infringement may refer to this policy.

200.00 Policy

200.10 Board of Regents policies governing the use of university information technology apply to all University faculty, staff, students, and patrons. All users of University information technology must comply with MSU Enterprise policies as well as Board of Regents policies, state and federal law. References to associated policies and laws are provided in section 400.00.

200.20 Any person who receives a complaint that material residing on University technology infringes copyright should forward the complaint, or person making the complaint, to a designated University authority such as the Chief Information Officer or legal counsel.

200.30 A complaint made under the Digital Millennium Copyright Act must contain the following information:

  1. A description of the works claimed to be infringed;
  2. A description of the location of allegedly infringing works, sufficient to enable the agent to find them;
  3. Sufficient information to enable the agent to contact the complainer;
  4. A statement that the complainer believes in good faith that the use of the material is not authorized by the owner, the owner's agent or the law; and
  5. A statement that the information in the notice is accurate and, under penalty of perjury, that the complainer is authorized to act on behalf of the owner of one or more exclusive copyright rights.

200.40 The University authority shall acknowledge receipt of any complaint and shall immediately consult with Legal Counsel. The University shall promptly investigate the complaint to determine if the complaint of infringement has merit.

  1. If a complaint is determined to have merit, MSU shall notify the person responsible for the alleged infringing material described in the complaint and ask the person to take down the material or provide information as to why the use of the copyrighted material does not violate copyright laws.
  2. If an alleged infringer presents information as to why the use does not violate copyright laws, the University, in coordination with Legal Counsel, shall make a good faith determination whether the material infringes the copyright owner's rights. If the University determines that infringement has occurred, the University may summarily remove the offending material.
  3. If the University and its Legal Counsel reasonably believe that the complaint is without sufficient foundation, or if well-founded, that a legal defense or exemption may apply, such as fair use, the University will not remove the material from its server and shall inform the person alleging infringement of its decision and the reasons therefore.

200.50 University authorities are responsible for:

  1. Responding to any allegation of copyright infringement.
  2. Obtaining adequate information to investigate the allegation, as defined in section 420.30 below.
  3. Contacting University legal counsel to report the information.
  4. Ensuring response to the complainant with an explanation of the resolution, either in person or through a designee.

200.60 Users of University information technology who repeatedly infringe the copyrights of others may be removed from the server, denied access to the university computer system and/or disciplined for such infringements.

200.70 Per BOR Policy 1901.1 employees who are sued by a copyright owner or licenser are subject to the indemnification policy defined in BOR 804.4.

300.00 Procedures

Alleged copyright infringement violations shall be reported to the following individual at each campus:

MSU-Billings MSU-Bozeman Great Falls College MSU MSU-Havre
Dr. Michael Barber Dr. Dewitt Latimer Mr. Ken Wardinsky Chancellor James Limbaugh
McMullan Hall Rm 303 Renne 43 Room B129 Cowan Hall 200
406-247-5750 406-994-7474 406-771-4331 406-265-3720
mbarber@msubillings.edu dewitt@montana.edu kenwar@msugf.edu james.limbaugh@msun.edu

Individual campuses maintain campus-specific standards and procedures that implement this policy. Campus-specific standards and procedures are currently under development; when published, the links to those pages will be provided here. Constituents will be required to comply with any standards and procedures developed for their campus:

  • MSU-Billings
  • MSU-Bozeman*
  • Great Falls College MSU
  • MSU-Northern
* MSU agencies follow MSU-Bozeman campus procedures

400.00 References

Report broken links to ITCadmin@montana.edu.

500.00 Definitions

“Enterprise” refers to all Universities, colleges, and agencies of Montana State University.

“Enterprise Chief Information Officer” refers to the top level information technology leadership role based on the Bozeman campus whose responsibilities include information technology leadership of the four MSU campuses. “Information technology” refers to any resource related to the access and use of digitized information, including but not limited to hardware, software, devices, appliances, network bandwidth and resources.

“University” refers to any and all campuses, agencies, departments, or entities within the Montana State University enterprise. “University authority” refers to an official of the University with significant responsibility for campus activities, who has the authority and duty to respond to issues on behalf of an institution, including but not limited a Vice President, Provost, Chief Information Officer, Dean, or Athletic Director.

“University Legal Counsel” refers to the University’s attorney and/or designated legal staff based at MSU-Bozeman.

“Users” refers to any individual student, staff, faculty, or patron as well as any group, agency, department, entity, or campus who obtains, uses, or relies on IT services or resources of the University.