Digital Millenium Copyright Act (DMCA) Compliance
Copyright Infringement Statement/ Higher Education Opportunity Act Compliance:
The Higher Education Opportunity Act requires institutions such as the University of West Florida to take meaningful steps to combat the unauthorized duplication of copyrighted works through illegal downloading or peer-to-peer (P2P) file sharing on campus networks. In compliance with that legislation and the Department of Education's regulations in 34 C.F.R. Part 668 (Subpart D) you are hereby notified of this Act and are STRONGLY ADVISED to read the this notice thoroughly:
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws:
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.
Digital Millennium Copyright Act (DMCA) Compliance
Any concerns regarding the use of copyrighted material within the uwf.edu domain should be directed to our designated DMCA Agent:
Filing a Copyright Infringement Claim
The DMCA specifies that all infringement claims must contain the all of the following elements to be effective:
- Identification of the suspected copyrighted work(s) and sufficient information to locate the material on UWF’s website;
- Contact information of the copyright owner or agent, such as, name, address, phone number, and email address;
- A statement that the complainant believes in good faith that the use of the potentially infringed material is not authorized by the copyright owner, agent, or law;
- A statement made under penalty of perjury that the information provided is accurate and that the complainant is the owner or authorized to act on behalf of the owner
- An electronic or physical signature of the copyright holder or its agent
Responding to Copyright Infringement
When UWF receives a copyright infringement claim involving music, video, software, or other digital materials, it takes the following steps under the 1998 federal statute known as the Digital Millennium Copyright Act or “DMCA”:
- Review network usage logs and registration information to examine the account alleged to be involved in copyright infringement and attempt to identify the account holder;
- Promptly remove or block access to the material identified in the notification and inform the accountholder, if identified, that an infringement claim as been made regarding the account and investigate whether copyrighted material has been obtained or distributed without permission.
- If it is determined that copyrighted material has been obtained or distributed without permission by an identified account holder, the matter is referred to the Dean of Students Office to be handled within the guidelines of the University's student disciplinary processes.
- Notify the copyright holder (or agent) that the University is handling the infringement claim under the guidelines of the DMCA without disclosing the account holder's identity;
- Subsequent notices regarding the same account may trigger an immediate suspension of the account and the matter is referred to the Dean of Students Office to be handled within the guidelines of the University's student disciplinary processes.
UWF copyright resources:
- UWF Library Copyright Infringement Explanation and Guide
- UWF ResNet Acceptable Use Policy
- HEOA Consumer Information Portal