The 1998 enactment of the Digital Millennium Copyright Act (DMCA) represents the most comprehensive reform of United States copyright law in a generation. The DMCA updates U.S. copyright law for the digital age. Key among the topics included in the DMCA are provisions concerning the circumvention of copyright protection systems, fair use in a digital environment, and online service provider (OSP) liability (including details on safe harbors, damages, and "notice and takedown" practices).
Important: The computing rights of users of the HSC network may be terminated if they repeatedly infringe the rights of copyright owners.
- U.S. Copyright Basics
- Limitations on Exclusive Rights: Computer Programs
- Fraud and Related Activity: Computers
Notifying the HSC of an infringement
The distribution of copyrighted materials without permission (over the Internet) can be a violation of federal law. HSC users should not download or distribute copyrighted materials without appropriate permissions. If you wish to download copyrighted material, find out how to acquire it legally and take steps to ensure that your computer is not used for illegal file sharing.
The DMCA has specific requirements which must be met in the notification to an Internet Service Provider's (in this case, the HSC's) agent before the claim of infringement can be considered. These "Elements of Notification" are listed below. The Texas A&M Health Science Center provides a web based form which provides a method for reporting all of the required data. Please use this form to simplify any formal complaint processing.
DMCA Report Form
The Elements of Notification
Quoted from Public Law 105-304 (U.S. Code, Title 17, Chapter 5, Section 512)
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the [copyright] owner...
(ii) Identification of the copyrighted work claimed to have been infringed ...
(iii) Identification of the material that is claimed to be infringing ... and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address...
(v) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To present notification of a complaint, you may either e-mail firstname.lastname@example.org or use the web based form, which will ensure all needed information is provided.