Copyright and Ivy Tech Community College: DMCA

The DMCA provides limited liability for university networks acting as Internet service providers (ISPs) for students and faculty, provided that certain requirements are met.

Requirements of the DMCA:

• Appoint a designated agent to receive reports of copyright infringement. Register the agent with the U.S. Copyright Office.
• Develop and post a copyright policy. Educate campus community about copyright.
• Comply with "take down" requests.
• Apply measures to protect against unauthorized access to content and dissemination of information.
• Use only lawfully acquired copies of copyrighted works.
  

The DMCA is divided into five titles, Title IV contains six miscellaneous provisions, relating to the functions of the Copyright Office, distance education, the exceptions in the Copyright Act for libraries and for making ephemeral recordings,“webcasting” of sound recordings on the Internet, and the applicability of collective bargaining agreement obligations in the case of transfers of rights in motion pictures.

 The first of the six additional exceptions is as follows:

1. Nonprofit library, archive and educational institution exception (section 1201(d)). The prohibition on the act of circumvention of

access control measures is subject to an exception that permits nonprofit libraries, archives and educational institutions to circumvent

solely for the purpose of making a good faith determination as to whether they wish to obtain authorized access to the work.

The applicability of the exemption is determined through a periodic rulemaking by the Librarian of Congress, on the recommendation of the Register of Copyrights, who is to consult with the Assistant Secretary of Commerce for Communications and Information.