Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (DMCA) is a legal framework that governs the rights related to digital copyrighted works. It provides a legal framework for copyright owners to protect their materials online and outlines procedures for addressing infringement. Understanding the DMCA is important for everyone at Texas A&M University who uses the university network and digital resources.

A primary area where the DMCA comes into play is file sharing. Making files (like music, movies, software, games, or books) available for others to download, often through peer-to-peer (P2P) networks, without the permission of the copyright owner, is a violation of copyright law and the DMCA. Most content shared through these unauthorized channels is distributed illegally.

Engaging in copyright infringement carries significant risks:

• Civil Penalties: Individuals found liable for civil copyright infringement can be ordered to pay substantial damages, ranging from $750 to $30,000 per work infringed. For willful (intentional) infringement, damages can reach up to $150,000 per work. Courts may also award costs and attorney's fees. Organizations like the Recording Industry Association of America (RIAA) have actively pursued lawsuits against individuals for illegal file sharing.
• Criminal Penalties: Willful copyright infringement for commercial advantage or private financial gain can also lead to criminal charges, potentially resulting in imprisonment for up to five years and fines up to $250,000 per offense.

University Sanctions: Unauthorized distribution of copyrighted material using university resources violates Texas A&M's policies, including the Acceptable Use rules (University Rule 29.01.03.M2) and the Student Conduct Code (Student Rule 22, Rule 24). Violations can lead to disciplinary sanctions, which may include loss of network access or other actions outlined in Student Rule 27.

The DMCA establishes a formal process for copyright holders to report alleged infringement to Online Service Providers like Texas A&M.

• Notification: To be legally effective, a copyright owner (or their authorized agent) must send a written notification of claimed infringement to the university's designated DMCA agent. This notification must substantially include:
  • A physical or electronic signature of the authorized person.
  • Identification of the copyrighted work claimed to be infringed.
  • Identification of the material claimed to be infringing (e.g., specific location/URL/IP address) sufficient for the university to locate it.
  • Contact information for the complaining party (address, phone, email).
  • A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  • 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 copyright owner.
• Texas A&M's Designated Agent: Notifications of claimed infringement involving Texas A&M University resources should be sent to the university's designated agent: James Smith dmca@tamu.edu
• University Action: Upon receiving a valid DMCA notice, Texas A&M is legally obligated to act expeditiously to remove or disable access to the allegedly infringing material to maintain certain liability protections ("safe harbor"). The university will investigate the claim, identify the user associated with the reported activity, and typically notify the user about the complaint and the required actions (usually removal of the material). Failure to respond or repeated offenses can lead to further disciplinary action, including suspension of network access.

Respecting copyright law is a responsibility for all members of the Texas A&M community. By understanding the DMCA and avoiding unauthorized sharing of copyrighted materials, you help protect yourself and the university.