Digital Millennium Copyright Act - DMCA

HOW DOES THIS AFFECT MY WORK?

The DMCA specifies hefty individual and institutional fines for non-compliance with electronic copyright law.

Since 1998, Internet Service Providers have been making news headlines as copyright owners seek to create public examples of infringers by suing both corporate infringers and individual users.

Institutions of higher education have also come under increasing pressure from copyright owners, such as the recording and motion picture industries, to curb the sharing of copyrighted materials using campus resources.

Locally, for example, the Rochester Institute of Technology has been subpoenaed to divulge the identities of individuals using RIT's network to illegally share copyrighted works in order to prosecute offenders.

MCC investigates infringement on a case-by-case basis and only after receiving formal notification of an alleged infringement. MCC's General Counsel is the designated agent for infringement notification.

MCC respects the privacy of its users while complying with the DMCA. No user information will be released to an outside entity without a subpoena.

Infringement Policy

Users of MCC's network and computing resources agree to abide by copyright law. Once informed by a copyright owner of a claimed infringement, MCC has a legal obligation to:

• Remove/disable access to challenged material
• Inform the user that a "take-down" occurred
• Review any user counter-notification filed with MCC
• Reinstate access when the case is resolved
• Terminate network access for repeated copyright offenders

AT A GLANCE

Title: Digital Millennium Copyright Act

Signed into Law: 1998

Official Oversight: U.S. Copyright Office

Issues Addressed:

• Implements two 1996 World Intellectual Property Organization Treaties
• Attempts to address copyright in a digitally networked environment
• Creates limitations on the liability of Internet Service Providers for copyright infringements
• Establishes exemptions for making a copy of a computer program for maintenance or repair
• Makes it a crime to circumvent anti-piracy measures built into commercial software
• Provides some anti-circumvention exemption provisions for nonprofit libraries and archives, and educational institutions

Organizations Covered:

Internet Service Providers

MCC Units Affected:

• MCC Departments
• MCC Student Association

Who to Contact:

Contact the Leroy V. Good Library at (585) 292-2319 with DMCA-related questions

Safeguarding Information

It pays to be aware of the types of digital information that you are using.

Not all electronic information is copyrighted. Much of the information available on the Internet may be freely used with appropriate attribution to the creator or source.

Only copyrighted digital information is covered under the DMCA.

Most commercially marketed music, videos, and games are copyrighted. These works should not be made available for uncontrolled sharing using the MCC network or the Internet.

• DMCA
• FERPA
• GLB
• HIPAA
• SOX