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Guidelines for District DMCA Agent |
Section 512 of the Digital Millennium Copyright Act of 1998 (DMCA) includes special rules that limit liability for nonprofit educational institutions. In general, if a district employee or student places copyrighted material on a server owned by Pattonville R-3 School District and the legal copyright owner properly files a claim with the district’s designated DMCA agent, the district will expeditiously take whatever steps necessary to remove or block access to the copyrighted material from further dissemination.
Procedure
- The district’s designated DMCA agent will receive claims of infringement. Claims may come from within or outside of the district. The law requires such claims to contain certain information including the location of materials in question.
- The DMCA agent will promptly acknowledge receipt of each infringement claim. The DMCA agent must take reasonable steps to assist a copyright owner if pertinent information is lacking regarding the claim.
- The registered DMCA agent will coordinate all activities, keep records required to track repeat offenses, and assure proper closure of all incidents. The DMCA agent must be careful to:
- protect rights of intellectual property owners as defined by law, Pattonville R-3 School District 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 mission of the school district; and
- consult with the Assistant Superintendent of Curriculum and Instruction when any question arises in pursuing the above.
- On receipt of an acceptably complete claim of infringement, the registered DMCA agent will direct prompt removal of material or block access to the material in question. Care is to be exercised so that the material in question may be restored should the claim prove to be false or in error.
- The registered DMCA agent will take reasonable steps to promptly notify appropriate employee or student that a claim has been filed and that this material has been removed or access to the material has been blocked. Notification should include the contents of the claim notice.
- The employee or student may file a counter-claim through the DMCA agent. The DMCA agent will restore the material or access to the material if
- the district has not received notice of a court order regarding these materials or activities; in the manner and time that the law defines;
- the registered DMCA agent judges that the material does not pose significant legal risk which the district is unwilling to support, and that the material positively fulfills the educational mission of the district and standards of acceptable use.
- The district may lose DMCA protection if within the preceding 3-year period it has received more than two notifications of claimed infringement by a certified employee using the material in question for teaching purposes. The district may lose liability protection for even the first infraction for non-teaching materials posted on district servers. The district may restrict technology access as a part of containment or disciplinary measures for repeat problems.
Pattonville Copyright Information -- Pattonville School District