DMCA Agent Vanderbilt University 1231 18th Avenue South 143 Hill Center / PD Box 34 Nashville, Tennessee 37212
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that criminalizes the unauthorized use and duplication of copyrighted material.
"protects the original works of authorship fixed in any tangible medium of expression, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device".
A copyright holder with an infringement claim may submit a take down notice to Vanderbilt University's DMCA Agent. All notices must be in writing with the following information included:
- Identify the copyrighted work that has been allegedly infringed. If multiple works at a single online site are involved, provide a list.
- Describe the material and provide sufficient information to permit Vanderbilt to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an email.
- Certify or include a statement that you have a good faith belief that the material's use is not authorized by the copyright owner, the owner’ agent, or law.
- Certify that the information provided is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
The University may not be able to act on your complaint promptly or at all if you do not provide this information.
An alleged infringer may send VU's DMCA a written statement that the removal or disabling of access was based on a mistake or misidentification. This counter notification must contain
- A physical or electronic signature
- The identification of the material that has been removed or disabled and its previous location.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed/disabled as a result of mistake or misidentification.
- The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or is an agent of such person.
The VU DMCA will forward the counter notice to the copyright holder. The communication will indicate that the removed material or disabled access will be restored in no less than 10 business days and no more than 14 business days from receipt of the counter notice unless the copyright holder notifies VU's DMCA that the complainant has filed a court action to restrain.
Vanderbilt University's Appropriate Use of Technology Assets Policy requires that all university community members to comply with US copyright law. An offending user may be removed from the Vanderbilt network. Severe or repeat offenders may be subject to additional penalties:
- Copyright infringement can result in civil or criminal prosecution with fines ranging from $750 to $150,000 per work infringed for the former, and $500,000 and five years in jail for the latter.
- Disciplinary action may also be taken by the Human Resources, the Office of General Counsel, or the Student Conduct and Academic Integrity office, depending on the specific affiliation of the alleged infringer.
Not sure how to start?
Get in touch if you don’t know where to begin, you can’t find the guidance needed on the website, or if you just want to learn more. The Office of Cybersecurity has subject matter expertise and is here for Vanderbilt community to discuss security questions or concerns.