Copyright Infringement Claims at K-State
The individual listed below is the designated agent to receive DMCA copyright infringement notifications.
Elizabeth Shannon
Division of Information Technology
Kansas State University
Manhattan, KS 66506
dmca@k-state.edu
785-532-2540
Digital Millennium Copyright Act of 1998 (DMCA)
DMCA U.S. Copyright Office Summary
The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton on Oct. 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses several other significant copyright-related issues.
The DMCA is divided into five titles:
(You can read the whole act through the U.S. Copyright Office DMCA Page.)
Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.
Title II, the “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.
Title III, the “Computer Maintenance Competition Assurance Act,” creates an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair.
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.
Title V, the “Vessel Hull Design Protection Act,” creates a new form of protection for the design of vessel hulls.
What DMCA means for students, faculty and staff
Kansas State University receives notices from copyright owners alleging that copyrighted materials are being shared through University networks or systems without authorization. These notices are commonly called DMCA notices, after the Digital Millennium Copyright Act.
We want to provide a quick reminder about what these notices mean and what you should do if you receive one.
If you receive a DMCA notice or other copyright infringement complaint involving University systems, please do not ignore it. Forward it promptly to dmca@k-state.edu and do not respond to the sender.
Copyrighted material can include movies, television programs, music, photographs, books and articles, software, course materials, and many other types of creative works. The fact that material is available online does not necessarily mean that it is free to copy, upload, distribute, or share.
Likewise, having lawful access to material does not necessarily give you the right to redistribute it. For example, an individual subscription, purchase, license, or access through a University resource may permit you to view or use content without permitting you to upload or distribute copies to others.
If the University receives a legally sufficient DMCA notice identifying allegedly infringing material on a system covered by the statute, federal law provides a notice-and-takedown process under which access to that material may need to be removed or disabled expeditiously. [copyright.gov]
Penalties for copyright infringement include substantial civil and criminal penalties. These penalties include civil damages per work infringed, and potentially criminal fines and jail time.
Rules to Remember:
- Do not upload or share copyrighted material unless you have permission or another lawful basis to do so.
- Do not assume that something is free to redistribute simply because you found it online.
- Pay attention to the terms governing licensed databases, streaming services, software, photographs, publications, and other digital resources.
- If you receive a copyright or DMCA complaint, send it to dmca@k-state.edu promptly.
- If you believe material has been identified or removed by mistake, please contact dmca@k-state.edu before taking further action.
This message is not intended to discourage legitimate teaching, scholarship, research, criticism, or other lawful uses of copyrighted works. It is simply a reminder that copyright continues to apply in the digital environment and that DMCA notices require prompt attention.
Thank you for helping protect both the University and our community members.