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Digital Millennium Copyright Act Information

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Handbook and paperwork for the newly hired.

Old Dominion University

 Digital Millennium Copyright Act Information

Date of Current Revision or Creation: October 1, 2014

In accordance with the DMCA, Old Dominion has a listed agent on file with the US Copyright Office. The University follows the procedures outlined on this page when responding to DMCA notices.

Old Dominion University Digital Millennium Copyright Act Procedures

In order to reduce contributory and vicarious liability for Old Dominion University information service providers, the University has a central, designated agent email alias for DMCA notifications: dmcanotices@odu.edu. Several key people are notified through this email alias. The agent of record is notified as well as the University Information Systems Security Officer. By utilizing an email alias, the University can provide a more timely response in order to handle claims of copyright infringement as established by the 1998 Digital Millennium Copyright Act (DMCA). DMCA notices are processed by the Office of Computing and Communications Services.

The DMCA requires that service providers identify its DMCA agent on its website. Since Old Dominion University's online system comprises several Internet domains and several websites, the University is currently identifying its DMCA agent at its root web server, www.odu.edu.

If a University employee or student receives a notice or allegation of copyright infringement, h/she is to send the notice to the University's designated DMCA agent by using the email alias dmcanotices@odu.edu. To report a claim of infringement, the DMCA requires that a claim of copyright infringement sent to our DMCA agent provide certain information. Please contact our DMCA agent through the email alias for any notices and for additional details.

The University ISSO will promptly acknowledge receipt of each infringement claim. On receipt of an acceptably complete claim of infringement, the DMCA requires that the DMCA agent direct the prompt removal of the material or removal of all local or wide-area network access to the material or activity claimed to be infringing.

With respect to students: The University works notices through the Office of Student Conduct and Academic Integrity. DMCA notices fall under Section K of the Code of Student Conduct, as listed under Student Disciplinary Policies and Procedures.

With respect to Faculty/Staff and other third parties who have access to the University network: The University, as a State agency, has an established Acceptable Usage Policy and various administrative processes exist to address a variety of offenses. A DMCA violation would be handled in accordance with any other AUP violation. The imposition of sanctions will occur in accordance with applicable University disciplinary and sanction procedures.

DMCA Violation Remediation Process

Old Dominion University currently implements a DMCA (Digital Millennium Copyright Act) resolution process. Identified copyright violators are sent a series of notifications to address the possible abuse of ODU network privileges.

Step 1: First-time offenders receive a notice by email to cease and desist all illegal network sharing and infringement of protected material. They have 3 days (72 hours) from the time of this first notice to stop all illegal downloading or sharing of electronic media content. Students should delete the infringing content and disable all P2P/Bit Torrent software used to download or share it.

Step 2: Any DMCA violation after the 3-day grace period will result in a second notification and could lead to the suspension of University wireless internet services. In order to avoid internet service interruption after the second notification, students must contact the ITS Help Desk or reply to the notification email within 48 hours affirming that the illegally downloaded content and/or illegal sharing software application(s) have been completely removed from the device. ITS may also suspend wireless internet service at any time after the second notice if it determines that the illegal network sharing is a nuisance to the IT environment. If service is suspended, restoration of wireless internet service may not be immediate and may not be performed during the weekends.

Step 3: Students who violate the copyright act again, after two notifications, will receive a third and final notice and will be referred to the Office of Student Conduct and Academic Integrity for additional action. Wireless services will be suspended immediately after the third offense pending review and resolution by the Office of Student Conduct and Academic Integrity.

DMCA Agent Identification

Service Provider: Old Dominion University
Address of Service Provider: Norfolk, Virginia 23529
Agent Designated to Receive Notification of Claimed Copyright Infringement (DMCA Agent): James D. Wright, General Counsel
Full Address of Designated Agent to which Notification should be sent: Rm 214 Koch Hall, Norfolk, VA 23529
Telephone Number of Designated Agent: 757-683-3144
Email Address of Designated Agent: Please use dmcanotices@odu.edu. Mr. Wright, and others, receive email through this email alias.

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