Identifying Infringers

Subpoenas to Identify Infringers

A copyright owner or a person authorized to act on the owner’s behalf may request the clerk of the United States District Court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with the DMCA.  Such a request may be made by filing with the clerk (1) a copy of a notification issued under the DMCA, (2) a proposed subpoena, and (3) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identify of an alleged infringer and that such information will only be used for the purpose of protecting rights under the DMCA.

The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.

If the notification filed satisfies the provisions of the DMCA described here, the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk should expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.

Upon receipt of such a subpoena, either accompanying or subsequent to the receipt of a DMCA notification, the University shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena notwithstanding any other provision of law and regardless of whether the University responds to the notification.  Unless otherwise provided by the DMCA or by applicable rules of the court, the procedure for issuance and delivery of the subpoena and the remedies for noncompliance with the subpoena will be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum.