Purpose: This policy defines Millikin University’s responsibility in accordance with the Digital Millennium Copyright Act.
Policy: This serves as Millikin University’s commitment to cooperate with the RIAA and/or its constituents and abide by the conditions set forth by the Digital Millennium Copyright Act to ensure its liability limitation.
Procedure: Millikin, upon notification by the RIAA and/or its constituents, is obligated to terminate network access for anyone on the campus network that is found to repeatedly infringe on national copyright laws, or be held liable for damages. This serves as an announcement of Millikin’s commitment to cooperate with the RIAA and/or its constituents and abide by the conditions set forth by the Digital Millennium Copyright Act to ensure its liability limitation. If Millikin University network administration is notified by RIAA and/or its constituents that a user of Millikin’s network is found to repeatedly infringe upon copyright laws or provides a means of transmitting copyrighted works among a wide user base, Millikin University has the obligation to terminate that user’s network access until the administration is assured the infringements have ceased as stated below in Title II of the DMCA of 1998.
Applies to: All members of the Millikin University community
Definitions: RIAA (Recording Industry Association of America), Digital Millennium Copyright Act (DMCA) of 1998 (Summary available at: http://www.loc.gov/copyright/legislation/dmca.pdf )
Title II of the Digital Millennium Copyright Act discusses the limitation of liability of online service providers should one of their end users violate a portion of the Copyright Act. These liability limitations remove the burden of guilt from the service provider, Millikin University, and place it on the offenders. Millikin falls under the DMCA’s strict definition of “service provider” by providing a means of digital online communication to users and is eligible for liability limitations after meeting two conditions:
Adopting and reasonably implementing a policy of terminating in appropriate circumstances, the accounts of subscribers who are repeat infringers.
Accommodating and not interfering with “standard technical measures,” which are defined as measures that copyright owners use to identify or protect copyrighted works that are developed with the broad consensus of copyright owners and do not impose substantial burdens on service providers.