- UC Guidelines for Compliance with the Online Service Provider Provisions of the Digital Millennium Copyright Act, dated December 1, 1999;
- Sr. Vice President Kennedy’s letter to Chancellors, dated December 1, 1999;
- Digital Millennium Copyright Act, October 8, 1998, amendment to title 17, United States Code;
- Digital Millennium Copyright Act (DMCA) Web Page at UCLA (includes links to the DMCA and the DMCA Designated Agent Form);
- University of California Policy and Guidelines on the Reproduction of Copyrighted Materials for Teaching and Research, April 1986.
The Online Copyright Infringement Liability Limitation Act, also known as the Digital Millennium Copyright Act (DMCA), is a complex set of legislation that amends federal copyright law to reflect the digital environment. Online Copyright Infringement Claims (Claims) made against faculty, students or staff at UCLA can result in the campus itself being liable for infringement and thus subject to significant monetary penalties. The DMCA contains provisions under which the University may, under certain circumstances and at its own discretion, limit its liability for copyright infringement that occurs on its systems and networks.
The DMCA does not alter the fair use provisions of the Copyright Act, nor does it require Online Service Providers to adhere to its procedures if the campus does not wish to seek Liability Shelter. Any defense which would otherwise be available to a provider remains available. Accordingly, University guidelines on the appropriate use of copyrighted material for teaching and research remain applicable
This policy/procedure is intended for department heads and managers who may need to consider taking steps to reduce University and ultimately departmental financial liability that may result from alleged acts of online copyright infringement by students, faculty or staff of the department.
This policy/procedure describes the requirements that must be met in order to qualify for Liability Shelter and identifies the Campus Officials responsible for responding to a Claim and for initiating necessary corrective action, if required.
Copyright: is the intangible right granted to the author or creator of an original literary or artistic work fixed in a tangible form of expression whereby the author or creator is invested, for a limited period, with the sole and exclusive privilege of reproducing, publishing and/or selling copies of that work.
Designated Agent: in accordance with DMCA requirements, the person identified by the campus to receive and process notification of claimed copyright infringement. UCLA has registered the campus Director, IT Policy as its Designated Agent with the U.S. Copyright Office.
Liability Shelter: refers to the provision of the DMCA which limits the financial liability of qualifying Online Service Providers for copyright violations of their users.
Online Copyright Infringement Claim (Claim): written or electronic mail communication of a copyright holder identifying a copyrighted work and specific online material alleged to be infringing such copyrighted work. The Claim must include a statement that the information contained in the Claim is accurate and that the copyright holder has a good faith belief that use of the material is unauthorized.
Online Service Provider: for the purpose of this policy, the individual campus units or departments that provide online access services to the UCLA community including, but not limited to, schools, divisions, departments, libraries, and labs.
The University encourages the free flow of ideas and the provision of resources in support of academic pursuits. However, the University does not condone the illegal or inappropriate use of material subject to copyright protections that happens to be available through online systems and services that the University makes available to its users. UCLA faculty, staff, and students need to be mindful of the copyright protections afforded to online materials and that violations of these protections may result in significant penalties.
In the event that a Claim is received alleging copyright infringement on the part of a UCLA faculty member, staff member or student, Campus Officials, as designated herein, shall respond to evaluate the basis for the allegation and will take action, as warranted, to end the infringement in accordance with existing UC policies. If copyright infringement allegations are upheld and result in financial liability to the University, that liability shall be assigned to the department or unit of the infringer.
Such Claims are required to be sent to the Designated Agent for the campus. The Designated Agent will respond in accordance with the requirements of the DMCA Liability Shelter provisions.
A. General Provisions
UCLA meets the DMCA general eligibility requirements for Liability Shelter as a qualified provider of online services, including accommodating and not interfering with standard technical measures used to identify and protect copyrighted works, and adopting and implementing a policy that provides for the termination of services to persons who are repeat infringers.
Duties of the Designated Agent
The registration of an agent’s name with the Copyright Office is a prerequisite to invoking the Liability Shelter. The Designated Agent representing UCLA is responsible for