• Future Students
• Current Students
• Parents & Families
• Faculty & Staff
• Alumni & Donors

Procedures for Addressing Instances of Possible
Copyright Infringement on Michigan State
University’s Computing Resources and Network

 

1. Background

As an academic community, we value the free exchange of ideas and respect the
intellectual work and property of others. Consistent with these values, we do not
condone plagiarism, nor do we condone the unlawful copying or distribution of
copyrighted works in any form.

The Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c)(3), amends federal
copyright law to specifically address instances of copyright infringement that may occur
during the course of digital online communications. These procedures are intended to
comply with the provisions of this Act, and with University policies and administrative
rulings.

2. MSU Network Acceptable Use

All Michigan State University (“University”) students, faculty, staff, and anyone else
granted access to or otherwise using MSU’s computing systems or digital network
(“Users”), are expected to abide by the copyright laws of the United States. Users of
the University’s computing systems or digital network are individually responsible for
their use of these resources and for the consequences of their use. Unlawful copying,
distribution or use of copyrighted material is a violation of the Michigan State University
Acceptable Use of Computing Systems, Software, and the University Digital Network
administrative ruling (also referred to as the Acceptable Use Policy or AUP). University
network administrators may take appropriate actions to limit or terminate the network
privileges of Users whose actions infringe an exclusive right held by a copyright owner.

3. Procedures

Proper notice to University. A copyright owner, or person acting on behalf of the
owner, must provide the University’s Designated Agent, the assistant director of Academic
Computing and Network Services, written notice that information residing on MSU’s
computer systems or networks infringes an exclusive right of the owner. This notice must
meet the requirements of the DMCA, and therefore must include:

• Name, address and electronic signature of the complaining party;
• Identification of the copyrighted work or works claimed to be infringed;
• Identification of the material claimed to be infringing and its Internet location;
• A statement by the owner that it has a good faith belief that use of the material
  in the manner complained of is not authorized by the owner, the owner’s agent,
  or the law;
• A statement of the accuracy of the notice and, under penalty of perjury, that the
  complaining party is authorized to act on behalf of the owner of an exclusive
  right that is allegedly infringed.

This notice (containing content as required by federal law) may be submitted to the
University’s Designated Agent by email to dmca@msu.edu.

Notice to User and “take down” of content. Upon receipt of a notice described in
the preceding section, the University will promptly demand that the User of the account
involved cease and desist any further infringing activity, and remove any infringing
material from their computer(s) or network file space(s). The User will have until 5:00pm
local time on the second business day following the receipt of this demand to contact the
MSU Academic Computing and Network Services AUP Compliance Hotline (517-353-1800,
or through other means that might be made available to the User) to confirm that all
infringing material has been removed from their computer(s)
or network file space(s), or to assert (by sending a Counter-Notice as described in the
next section) that no infringing activity has occurred. If, by the foregoing deadline, the User
has not responded to the University’s demand, or has not confirmed either a) that all infringing
material has been removed from their computer(s) or network web space(s), or b) that
no infringing activity was taking place, the University will disable public access to the
allegedly infringing material, which may involve terminating the User’s network access
privileges for an appropriate period of time.

The University may also terminate, in appropriate circumstances, the network access
privileges of Users who are repeat infringers. Repeat infringers may appeal their cases
using the AUP Compliance Hotline or other means made available to them. The
University may refer student repeat infringers to the University student judiciary system,
and may refer University employee repeat infringers to their supervisors or unit
managers, for further disciplinary action as appropriate.

Counter-notice from User. The User may send the University’s Designated Agent a
counter notification that the allegation of infringement is based on a mistake or
misidentification. This counter-notice must meet the requirements of the DMCA, and
therefore must include:

• The User’s name, address, phone number and physical or electronic signature;
• Identification of the material and its location before removal;
• A statement under penalty of perjury that the material was removed by mistake
  or misidentification;
• A statement that the User consents to the jurisdiction of the Federal District
  Court for the judicial district in which User’s address is located, or, if the address
  is outside the United States, for any judicial district in which the University (as
  service provider) may be found, and that the User will accept service of process
  from the complaining party or its agent.

Transmittal of counter-notice; restoring material; possible court action by
complaining party. The University’s Designated Agent will promptly transmit a copy
of the counter-notice to the complaining party, and will inform the complaining party
that the University will replace the removed material or cease disabling access to it in 10
business days. The University will then replace the removed material or cease disabling
access to it not less than 10, nor more than 14, business days following receipt of the
counter-notice, unless its Designated Agent first receives notice from the complaining
party that the complaining party has filed an action seeking a court order to restrain the
subscriber from engaging in infringing activity relating to the material in question on the
University’s computer system or network.

About This Site | Accessibility | Contact Us