What is CWI required to do under the DMCA and HEOA?
Under the DMCA all Internet Service Providers aka Online Service Providers are required to:
- Register a designated agent with the U.S. Copyright Office to receive notification of claims of copyright infringement.
- Promptly respond to any properly formatted notification of claim of copyright infringement also known as a DMCA takedown notice.
- Develop and maintain procedures for handling complaints of copyright infringement that occur on CWI’s network. The procedures must include:
- A procedure for terminating accounts of repeat infringers
- A procedure to accommodate and not interfere with standard measures used by copyright owners to identify and protect their works.
- Post the procedures on the college’s website
- Undertake an educational program to ensure that the campus community understands copyright law and promotes compliance with it.
For more information on the DMCA as it pertains to Colleges and Universities please refer to the Educause DMCA FAQ.
Under the HEOA All colleges and universities in the United States are required to develop a plan to effectively combat the unauthorized distribution of copyrighted material by the users of its network without unduly interfering with the educational and research use of the network. The plan must include the following:
- The use of 1 or more technology-based deterrents
- An educational component regarding appropriate and inappropriate use of copyrighted materials
- A description of the institution’s procedures for handling copyright infringement; and
- A required periodic review of the plan.
For more information on the HEOA as it pertains to Colleges and Universities please refer to the Educause HEOA Role Models web page.
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