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Takedown Notice Policy #507

Policy #507 Approved: February 17, 2011
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Takedown Notice Policy
Policy #507
Source of Authority: Identity Theft Protection Act, N.C.G.S. § 75-60 et seq.;
N.C.G.S. § 132-1.10;
N.C.G.S. § 116-34(a);
UNC Code § 502(A)
Revision Authority: Chancellor
History: First Issued: February 17, 2011
Related Policies: Identity Theft Protection Act, N.C.G.S. § 75-60 et seq.;
N.C.G.S. § 132-1.10;
Confidential Information Access Policy #501;
FERPA Policy #803;
Records Request Policy #118;
Red Flag Rules/Identity Theft Policy #505;
Technology Use Policy # 508
Responsible Offices: General Counsel
Information Technology Department
Department of Police and Public Safety
Effective Date: February 17, 2011
PDF: POLICY #507

I. Purpose

The UNCSA regularly receives DMCA (Digital Millennium Copyright Act) and BSA (Business Software Alliance) notices of copyright violations and is required by law to take action. This policy addresses UNCSA’s response to DMCA and BSA notices.

II. Scope

This policy applies to all campus network users – faculty, staff, and students.

III. Definitions

A. “Business Software Alliance” and “BSA” refer to the organization that acts to protect software providers’ intellectual property rights, enforce software copyright legislation, and encourage compliance.

B. “Digital Millennium Copyright Act” and “DMCA” refer to the 1998 Congressional act which updated U.S. copyright law.

IV. Policy

UNCSA responds to all notifications of copyright violations on its networks and complies with removal and/or takedown requests.

V. Revision History

A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual


UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS

Takedown Notice Procedures

Procedure #507

I. Procedures for Removal

A. The network manager/specialist in the Information Technologies (“IT”) department receives copyright infringement notices.

B. The Information Technologies department works with Student Life or Human Resources Office and the responsible school/department to examine the suspected computer.

C. If infringing works are found, the infringing works and the associated file-sharing program(s) are removed from the computer by IT.

D. Information on findings and actions taken are forwarded to Office of the Dean of Students for infringing student computers and to UNCSA’s Human Resources office for infringing faculty/staff computers. Information Technologies responds to the DMCA and BSA takedown notices via mail with carbon copies to the CFO, Dean of Students, General Counsel, Human Resources, and Chief of Campus Police.

II. Any criminal activity discovered will be referred to UNCSA Campus Police and Public Safety.

III. Sanctions for Violations

A. For students, violation of this policy constitutes misconduct under the applicable student disciplinary code.

B. For employees, violations of this or any IT use policy may result in disciplinary action up to and including dismissal.