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Take Down Policy

Digital Millennium Copyright Act (DMCA)

Introduction

 
Individuals using computers and networks at Colgate are responsible for complying with copyright laws. Access to Colgate’s digital information systems may be terminated for account holders who violate these laws. In particular, Colgate may terminate the privilege of any account holder who repeatedly infringes copyrights owned by others.

Notification of Infringement

The procedures outlined below will be followed when the University receives notification of a claim for copyright infringement.

  1. Copyright owners must notify the designated agent of the University (see below) of allegedly infringing material in writing (e-mail is acceptable). The notification must identify the copyrighted material being infringed and the allegedly infringing material in sufficient detail to permit the University to locate it.
  2. The designated agent will investigate the complaint promptly and notify the user who posted the material of the claim of infringement.
  3.  In the event that the material is being used for an active class, the designated agent will strive to work out an arrangement with the copyright holder for use until the end of the current semester. Failing a satisfactory arrangement, these materials will be treated as infringing and will be handled in the manner discussed in the next section.

Removal of Infringing Material

  1. Unless the designated agent determines that the allegedly infringing material does not infringe the copyrighted material, the designated agent will direct the appropriate ITS staff member to advise the person that posted the allegedly infringing material of the claim of infringement and remove, or block access to, the allegedly infringing material.
  2. If the agent receives a counter notification, in writing, from the owner of the allegedly infringing material that the claim of infringement was mistaken, the designated agent will notify the sender of the original infringement notice and provide a copy of the counter notification to the original sender.
  3. Absent a notice of suit to block restorations from the original sender within ten business days, the designated agent will direct the appropriate ITS staff member to restore the material. The material will be restored four business days after such notification.
  4. If a notice to block restoration is received from the original sender, the Chief Information Technology Officer will forward copies of all correspondence in the matter to the University lawyers, who will determine if the use is an infringement. If the use is determined not to be an infringement, the material will be restored within four business days of such determination.

Designation of Agent to Receive Notification of Claimed Infringement

 
This is to notify copyright owners that Colgate University’s designated agent to receive statutory notices about infringement under the DMCA is Frank Gavett, Head of Borrowing Services
. Any copyright owner wishing to send a statutory notice to Colgate University should file that notice in writing with Frank Gavett at the below address:

Frank Gavett
Head of Borrowing Services
Case Library
Colgate University
colgatecr@colgate.edu
Hamilton, NY 13346
(315) 228-7302
FAX: (315) 228-7934

The Copyright Office notice regarding Interim Regulations is available at:
http://lcweb.loc.gov/copyright/onlinesp/
The Interim Regulations are available at:
http://www.copyright.gov/fedreg/1998/63fr59233.html