DMCA Compliance

Title II of the Digital Millennium Copyright Act ("DMCA") of 1998 limits the liability of online service providers, such as Bryant University, for certain copyright infringement liability if various procedures are followed. This policy is intended to take advantage of the liability protections in the DMCA. Bryant University takes its responsibility for compliance with the DMCA safe harbor provisions very seriously.

The DMCA provides that:
A service provider (Bryant University) shall not be liable for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider (Bryant University), if the service provider(Bryant University):
(A) Does not have actual knowledge that the material or an activity using the material on the system or network is infringing; and
In the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
Upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material.
(B) Does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
Upon notification of claimed infringement, responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
(C) Material is transitory digital network communications.

Bryant University respects the rights of holders of copyrights, their agents and representatives and will implement appropriate policies and procedures to support these rights without infringing on the legal use, by individuals, of those materials. Legal use can include, but is not limited to, ownership, license or permission, and fair use under the US Copyright Act. Employees and students need to be aware of the rights of copyright owners.

Bryant University expects all users of its system to comply with applicable copyright laws. However, if the university is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing.

Bryant University will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, put back of the alleged infringing material.

Resources:

Summary of the provisions of the DMCA

EDUCAUSE FAQ