Digital Millennium Copyright Act, Notice and Takedown Procedures
Notice
The Digital Millennium Copyright Act (DMCA) Notice and Takedown Procedure documents the steps to be followed when the Office of Compliance and Business Continuity receives a complaint from a copyright holder or agent of a copyright holder, hereafter referred to as the "complainant."
The University's designated DMCA Agent, Associate Vice Chancellor for Data Services, receives a DMCA Copyright Infringement Notice, which must comply with the proper form of a DMCA notice as described below.
According to the DMCA, a claimed infringement notification must be a written communication (email or hard copy letter) to the designated agent of a service provider. When notifying the UNCG DMCA Agent of an alleged copyright infringement, the following must be provided:
- a physical or electronic signature of the complainant
- identification of the infringed copyrighted work, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of works at that site
- identification of the infringed material and information reasonably sufficient to permit UNCG to locate the material
- contact information of the complainant, such as an address, telephone number, electronic mail address
- a statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner
If the notice received from a complainant has not been previously reviewed by the Office of Compliance and Business Continuity, it is forwarded to the Office of the University Counsel to determine if it complies with the proper form of a DMCA notice and if the complainant has legal standing to file a complaint.
If the notice is deemed valid, the Office of Compliance and Business Continuity proceeds with the Takedown Procedure.