Alleged Infringing Site Take Down Procedures
When properly notified of the potential copyright infringement, the Designated Agent will make a reasonable effort to contact the site or page owner of the materials in question. There will be an attempt to secure the voluntary take down of the work, but, if not, then the University will immediately disable access to the work unless it is immediately determined that the work is lawful under the copyright law. The owner of the site or page of the alleged infringing material may exercise their counter notice procedure rights set forth below. The Designated Agent may, but need not, undertake to determine if the work complies with copyright law.
Counter Notice Procedures
After voluntary take down or if the site is involuntarily disabled, the University may, but need not, proceed to counter notification on its behalf or on behalf of its employees and students, the owner of the site may provide counter notification to the Designated Agent. Counter notices can claim only that either the copyright owner is mistaken and that the work is lawfully posted or that the work has been misidentified. A site owner may assert that use of another's work is fair use, which falls under the provision that the copyright owner is mistaken in characterizing the work as infringing. Various University officials may be consulted in arriving at a fair use determination.
Counter notices to the Designated Agent must contain the following:
- A physical or digital signature of the site or page owner.
- A description of the materials removed and its location before it was removed.
- A statement that the owner believes in good faith that the material was removed by mistake because the work is not infringing or that it was misidentified.
- Sufficient information to enable the Designated Agent to contact the owner who filing the counter-notice, e.g., name, address, phone number, e-mail address, and his or her consent to jurisdiction of the federal district court with proper jurisdiction for any court actions arising from the infringement.
- A statement that the owner will accept service of process from the complaining party.
- Access to the materials in question will be restored within 10 to 14 business days after the date the Designated Agent receives the counter notice unless the Designated Agent first receives a notice from the complaining party that he or she has filed an action seeking a court order to restrain the page owner.
The Designated Agent will promptly send a copy of any substantially conforming counter notice to the complaining party indicating that the site will be restored within 10 to 14 business days unless the Designated Agent receives a notice of court action.