Information Technology Services

Digital Millennium Copyright Act, Takedown Procedure (Students)

First Violation

The Office of Compliance and Business Continuity checks the machine and owner details to determine any previous violations. If the notice is a first violation, the following occurs:

1. The Office of Compliance and Business Continuity issues first violation notice, including a copy of "first complaint form letter," copy of the compliant, and source machine information to the registered owner of the machine. A copy of the first violation notice is sent to Student Affairs.
2. The registered owner of the machine is required to contact Information Technology Services. If the owner contests the allegation, he/she has the option to file a Counter Notification with the DMCA Agent, at which time the Agent notifies the complainant of such action. Additionally, the DMCA Agent must reconnect the user to the University network within 14 business days after a complaint is filed unless UNCG has received a notice from the complainant that a court order has been filed seeking a restraint order.
3. The owner is required to read the UNCG policies.
4. The owner must sign document stating that the material in question and all other copyright violations are removed from the machine and that a second offense will result in the machine being disconnected from the University network for three years.
5. Once the signature is obtained, the Office of Compliance and Business Continuity reconnects the user to the University network.
6. The above process is tracked electronically and on paper. Records are kept for four years after last infringement notification.

Second Violation

The Office of Compliance and Business Continuity checks the machine and owner details to determine any previous violations. If the notice is a second violation, the following occurs:

1. The Office of Compliance and Business Continuity issues second violation notice, including a copy of "second complaint form letter," copy of the complaint, and source machine information to the registered owner of the machine. A copy of the second violation notice is sent to Student Affairs.
2. The Office of Compliance and Business Continuity notifies the owner that he/she has been disconnected from the University network for three years.
3. If the owner contests the allegation, he/she has the option to file a Counter Notification with the DMCA Agent, at which time the Agent notifies the complainant of such action. Additionally, the DMCA Agent must reconnect the user to the University network within 14 business days unless UNCG has received a notice from the complainant that a court order has been filed seeking a restraint order.
4. If the owner takes no action, he/she remains disconnected from the University network.
5. The above process is tracked electronically and on paper. Records are kept for four years after last infringement notification.