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Colgate Response to and Notice Regarding Consequences of Claims of Actual or Alleged Copyright Infringement
When Colgate receives a copyright infringement claim involving music, video, software, or other digital materials, it takes the following steps under the 1998 federal statute known as the Digital Millennium Copyright Act or DMCA:
- we check network usage logs and registration information to examine the system alleged to be involved in copyright infringement and we identify the person using it;
- we suspend the system's network access;
- we notify the copyright holder (or agent) that we are handling the infringement claim under the guidelines of the DMCA and that the infringing material has been removed from the network (further information regarding this process can be found in the University's DMCA takedown policy located HERE
- we do not disclose the user's identity (however, such disclosure may occur in the event the University receives a valid subpoena, court order or other legal mandate, and/or pursuant to the University's DMCA takedown policy);
- we notify the Dean of the College's office (in the case of a student user) or Human Resources (in the case of an employee user) about the alleged infringement for further action as described below.
STUDENT USERS
First-Time Offenses
In the event of an allegation of an initial use of copyrighted material without permission, the Dean of the College's office contacts the alleged infringer and takes the following actions:
- requires an administrative hearing with the Disciplinary Officer or his/her designee;
- if the user denies using the copyrighted material without permission or has a prior disciplinary record warranting an appearance before the University Student Conduct Board, convenes a University Standards Hearing before the University Student Conduct Board;
- if the user is found responsible by the applicable hearing body for using the copyrighted material without permission, imposes a Disciplinary Warning through Tenure for Illegal Computer Use effective until graduation (unless the student has a prior disciplinary record involving violations other than copyright infringement, in which case more severe sanctions may be imposed);
- requires the removal of the identified copyrighted material prior to regaining access to the university network.
Second-Time Offenses
In the event of an allegation of a second instance of using copyrighted material without permission, the Dean of the College's office takes the following actions:
- requires an administrative hearing with the Disciplinary Officer or his/her designee;
- if the user denies using the copyrighted material without permission or has a prior disciplinary record warranting an appearance before the University Student Conduct Board, convenes a University Standards Hearing before the University Student Conduct Board;
- if the user is found responsible for using the copyrighted material without permission, imposes a sanction of Disciplinary Probation through Tenure for Illegal Computer Use effective until graduation (unless the student has a prior disciplinary record involving violations other than copyright infringement, in which case more severe sanctions may be imposed);
- suspends the student's use of their computer on the Colgate network for a period of time appropriate to the circumstances, up to and including permanently but in no event less than two weeks; and
- requires the removal of the identified copyrighted material prior to regaining access to the university network.
Third-Time Offenses
In the event of an allegation of a third instance of using copyrighted material without permission, the Dean of the College's office takes the same measures as set forth above and, if the student is found responsible, network privileges are revoked permanently. In addition, if the student has a prior disciplinary record involving violations other than copyright infringement, more severe sanctions may be imposed.
EMPLOYEE USERS
Allegations of online copyright infringement by employee system users will be addressed pursuant to Colgate employee disciplinary policies, procedures and practices. Consequences may include sanctions up to and including suspension or termination of Colgate computer network access and/or employment.
Subpoenas, Court Orders and Other Legal Mandates
From time to time, a claimant will file a lawsuit against a user of a system they believe to be engaged in illegal file sharing and a subpoena, court order or other legal mandate is issued to the University. When we receive a legally valid subpoena, court order or other legal mandate, we turn the identity of the user over to the claimant or legal authority. From that point on, the matter is resolved between the user and the claimant or in a court of law or other dispute resolution proceeding. Users are personally responsible for their illegal activity on the Colgate Network and Colgate provides no protection for them from penalties available under the law, which can be considerable (see below).
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at http://www.copyright.gov/help/faq.