The Digital Millennium Copyright Act (DMCA) became law in 1998. The Act demands effective response by the College when notified of potential copyright violations on our campus—most commonly, music and movie files being distributed without the owner’s permission. Copyright owners and their agents often scan file-sharing networks looking for such files and their sources. When these groups complain to the College about potential violations coming from our campus, the DMCA requires that we respond quickly and thoroughly.

Downloading and sharing copyrighted materials without permission from the copyright holder means you could face prosecution, fines and imprisonment. Claiming "I didn't know" will not protect you. Both the federal No Electronic Theft Act of 1997 (which extends criminal copyright law to cases even where there is no clear profit motive) and the DMCA are capable of imposing very serious penalties for copying and/or illegally distributing copyrighted works.

RESPONSE TO COPYRIGHT NOTICES

1. The recipient of the notice evaluates the notice and, if warranted, will forward to appropriate ITS network staff.
2. All DMCA notices are logged through the ITS Help Desk ticketing application under 'Dean of Students' for reference purposes.
3. Due to limits of Macalester’s DHCP technology, positive identification of the computer associated with the IP address identified in the infraction is only guaranteed if made within three hours of time of infraction. Identification attempts will be made if DMCA notice is: 1) received during business hours, and 2) indicates an infraction within three hours.
4. Upon positive identification, details will be sent the Dean of Students’ Office and the student’s network access is then blocked. Any attempt to access the Web will lead to a page informing the student of the circumstances and referring the student to the ITS Help Desk. Attempts to access resources other than the Web will fail.
5. If the student calls the ITS Help Desk, a staff member explains the policy and the infraction. The student is instructed to contact the Dean of Students' Office.
6. The Dean and/or appropriate staff consults with the student about the apparent violation and imposes a response by the student.
7. Upon conclusion of the consultation, the Dean or appropriate staff will notify the ITS network staff as to whether or not the student’s network access may be restored.
8. If approved, network staff restore the student’s full network access.

Revised February 2011