Policy on Take-Down and Put Back of Material and Activity
The following procedures implement Saint Louis University`s enforcement of specific sections of the U.S. Digital Millennium Copyright Act of 1998. Other documents on this site implement other aspects of the DMCA. The following procedures, including use of the central DMCA agent, should prove expedient to all concerned.
- The University's registered DMCA agent shall receive all claims of infringement. Claims may come from inside or outside the University. The law requires such claims to contain certain information including location of infringement materials.
- The DMCA agent shall promptly acknowledge receipt of each infringement claim. If the claim fails to substantially comply in supplying information, the registered agent shall promptly attempt to contact the person making the notification or take other reasonable steps to assist in the receipt of notification that substantially complies.
- The registered DMCA agent shall coordinate activities, keep records required to track repeat offenses, and assure proper adjudication of all incidents. The DMCA agent and those acting for and in conjunction with the DMCA agent shall:
- Protect rights of intellectual property owners as defined by law, University policy, and accepted standards of academic behavior;
- Protect rights and due process of those accused of infringement - particularly if Fair Use protection may apply;
- Generally support the authorized instruction, research and service missions of the University; and
- Consult the General Counsel and CIO when any question arises in pursuing the above.
- Upon receipt of a complete claim of infringement, the registered agent shall direct prompt removal of material or removal of all local or wide-area network access to the material or activity claimed to be infringing. The Registered Agent shall take steps to ensure this take-down will impact essential University activities as little as possible in effecting immediate compliance, and will arrange that University agents will promptly restore the material or activity, upon proper compliance with the terms of DMCA regarding Put Back procedures.
- The registered University agent or the agent`s delegate will take responsible steps to promptly notify the subscriber/user of the take-down. This notice will specify information required to make a counterclaim, and other information explaining applicable due process rights.
- Saint Louis University may terminate access and exercise disciplinary and/or other correctional measures for any copyright infringement claim, including repeated claims and/or violations or flagrant misuse of the University`s information systems equipment or network connections and/or services.
- All questions regarding this policy should be directed to the University`s Registered Agent.