Digital Millennium Copyright Act Policy

Table of Contents

• Statement
• Designated Agent
• Claims
• Procedure to Resolve the Matter

Statement

Designated Agent

Claims

• A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material; 
• Information reasonably sufficient to permit the service provider to contact the complainant, such as an address, telephone number, and, if available, an electronic mail address; 
• A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Procedure to Resolve the Matter

A.   ITS staff will disable the port(s) in the residence hall room that is the subject of the complaint and will attempt to contact the student to arrange a meeting to discuss the complaint.

 

B.   ITS staff will meet with the student whose computer contains the information that is the subject of the complaint. The student will be informed of Truman’s Computer Use and DMCA policies and asked to produce proof that they have explicit permission or license to use the material in the manner described in the complaint. If the student does not produce the proper documentation, ITS staff will request that the student remove the specific material and other similar material from his or her computer. If the student complies with this request, then ITS staff will ask the student to sign a document acknowledging that he or she has read the Computer Use Policy and agrees to remove the material from his or her computer. ITS staff will inform the student that steps C-D will be followed. If the student does not comply with the request, then:

• The designated agent will be informed and after consulting with the Assistant Dean for Student Affairs and Director of Citizenship and Community Standards (hereafter: Assistant Dean for Student Affairs) will direct ITS to block access to or from the account or computer and send a report of this action to the Assistant Dean for Student Affairs, then step D will be followed.

C.   ITS staff will send documentation pertinent to the incident to the designated agent who will forward it to the Assistant Dean for Student Affairs.

 

D.   The Assistant Dean for Student Affairs will retain the information in the department files and send a letter to the student informing him or her of pertinent sections of the Computer Use Policy and the Student Code of Conduct. The Assistant Dean for Student Affairs will work within Student Affairs to establish the appropriate processes and sanctions for dealing with infringements under the DMCA.

 

E.   If additional complaints are received that involve the same student or material, the above procedures will be followed.

 

A. The designated agent will inform the person involved in the complaint of Truman’s

     Computer Use and DMCA policies and will send copies of the complaint to the

     person.

B. The designated agent will ask the person to produce proof that they have explicit

     permission or license to use the material in the manner described in the complaint. If

     the person does not produce the proper documentation, the designated agent will

     request that the person remove the specific material and other similar material from

     their computer.

C. If the person involved refuses to comply with the designated agent’s request, then

     after consulting with the appropriate Dean or Department Head, the designated agent

     will ask ITS to block access to or from the account or computer and send a report of

     this action to the Dean or Department Head and Vice President of Academic Affairs.

D. If additional complaints are received that involve the same person or material, the

     above procedures will be followed.

•  The designated agent will retain records for three years from the date of receiving the complaint