Notification and Initial Removal

The University, through its Agent, shall evaluate the notice to determine whether it conforms to the statutory requirements. To be effective under the law, the notification of claimed infringement must be a written communication provided to the agent from the alleged copyright owner (the “Complaining Party”) that includes substantially the following:

(1) A physical or electronic signature of a person authorized to act on behalf of the Complaining Party;

(2) Identification of the copyrighted work claimed to have been infringed;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is subject to removal or disablement, and information reasonably sufficient to permit the University to locate the material;

(4) Information reasonably sufficient to permit the University to contact the Complaining Party, such as address, telephone number and, if available, e-mail address, at which the Complaining Party may be contacted;

(5) A statement that the Complaining Party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(6) A statement that the information in the notification is accurate 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.

In a case in which the notification provided by the Complaining Party to the Agent fails to comply substantially with all the elements of notification listed above, but does substantially comply with items (2) (identification of the copyrighted work claimed to have been infringed), (3) (identification of the material that the Complaining Party believes is infringing) and (4) (information reasonably sufficient to permit the University to contact the Complaining Party), the University will promptly attempt to contact the person providing the notification or take other reasonable steps to assist in the receipt of a notification that substantially complies with all six of the elements of notification cited above. The Complaining Party may, for instance, be referred to the provisions of the DMCA for information on the elements of proper notification. If the original notice substantially conforms or the Complaining Party sends the missing information, the University will then proceed to a notification to the page owner, subscriber or other user (the “User”) of the allegation of infringement, and the University should secure voluntary takedown of the work or should disable access to the work if the University seeks to claim the liability limitations of the DMCA. The University may wish to participate in a determination of whether fair use or some other exemption may apply.

If the Complaining Party does not respond and the notice remains non-conforming with respect to items (2), (3) or (4) cited above, the Agent need not take action on the notice.

Upon receipt of a conforming notice of infringement, the University shall normally proceed promptly to notify the User that it has removed or disabled access to the material.

Other Grounds for Removal of Material

Where the University has actual knowledge that material or an activity using material on the University’s system or network is infringing, or is aware of facts or circumstances from which infringing activity is apparent, the University shall act expeditiously to remove or disable access to the material.