Notice and Counter Notice When the University Receives an Infringement Claim Against You Based on Your Personal Use
Notice: A copyright owner, or person acting for the owner, must provide the University’s designated agent with written notice that information residing on the University’s computer systems or networks is an infringement of the copyright. This notice must meet the requirements of 17 U.S.C. 512(c)(3). The notice requirement also applies to information in system cache and to information location tools (e.g., hypertext links) that infringe copyright.
[Note: if a person working for the University has independent knowledge of a copyright violation on a University computer system or network, the University may have a duty to remove the infringing material. This is true even if there is no "notice" from the copyright owner. Therefore that person should report the violation to the Director of the Computer Center.]
Removal of information: The University will promptly remove or disable access to the allegedly infringing material.
Notice to computer user: The University will promptly inform the computer account holder/user that the allegedly infringing material has been removed or access has been disabled.
Counter notice from computer user: The computer account holder/user may send the University’s designated agent a written statement that the removal or disabling of access was based on a mistake or misidentification. This counter notice must meet the requirements of 17 U.S.C. 512(g)(3).
Transmittal of counter notice: The designated agent will promptly transmit a copy of the counter notice to the person who complained of infringement, and will inform that person that the removed material or disabled access will be restored in 10 business days.
Final University action: The University will restore the material or access no less than 10 business days and no more than 14 business days from receipt of the counter notice, unless the person who complained of infringement first notifies the designated agent that the complainant has filed a court action to restrain the computer account holder/user from the infringing activity that was the subject of the original notice to the University.