Copyright Compliance (Procedure #1101.A)
Responsible UW-Whitewater Officer
Information Technology Services (ITS)
Procedures
The Designated Agent for complaints dealing with copyright is the General Counsel of the University of Wisconsin System, 1856 Van Hise Hall, 1220 Linden Drive, Madison, WI 53706 (phone 608-262-6497, counsel@uwsa.edu).
Title II of the Digital Millennium Copyright Act (DMCA) of 1998 limits the liability of online service providers, such as the University of Wisconsin-Whitewater for certain copyright infringement liability if various procedures are followed. The University of Wisconsin-Whitewater policy is developed according to the guidelines of DMCA.
A. Complaint Notice Procedures for Copyright Owners
A notice of alleged copyright infringement to the Designated Agent must provide the following information:
- A physical or digital signature of the owner of an exclusive copyright right, or the owner's authorized agent.
- A description of the works claimed to be infringed.
- A description of the allegedly infringing works or site sufficient to enable the Designated Agent to find them.
- Sufficient information to enable the Designated Agent to contact the complaining party.
- A statement that the complaining party believes in good faith that the use of the material is not authorized by the copyright owner, the owner's agent, or the Copyright Act.
- A statement that the information provided by the complaining party in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner of one or more of the exclusive copyright rights.
B. Alleged Infringement Notification Procedures
Upon being notified by the Designated Agent of the alleged infringing material, the University of Wisconsin-Whitewater Instruction, Communication and Information Technology personnel will make a reasonable effort to notify the person identified by the agent, make reference to the existing copyright law, and alert the person of the procedures for removal of an infringing site. Repeated complaints may result in site removal.
There will be an attempt to secure the voluntary take-down of the material in question. If voluntary cooperation is not obtained, the University personnel will immediately disable access to the offending Web site or page unless it is determined that the use of the material in question is lawful under copyright law. The owner of the site or page of the alleged infringing material may exercise their counter-notice procedure rights outlined below.
C. Counter-Notice Procedures After a Website or Page is Voluntarily Disabled or Taken Down
The University can proceed to counter-notification on its behalf or on behalf of its employees or students. Or, the owner of the website or the page may provide counter-notification to the Designated Agent. Counter notices can claim only that either the copyright owner is mistaken and that the material is lawfully posted or that the material has been misidentified. A site/page owner may also assert that the use of another person's work is fair use and it falls under the provision that the copyright owner is mistaken in characterizing the work as infringing. Appropriate University officials may be consulted in arriving at a fair use determination. Counter notices to the Designated Agent must contain the following:
- A physical or digital signature of the site or page owner.
- A description of the materials removed and its location before it was removed.
- A statement that the owner believes in good faith that the material was removed by mistake or that the work is not infringing or that it was misidentified.
- The owner's name, address, and phone number and his or her consent to the jurisdiction of the federal district court with proper jurisdiction for any court actions arising from the infringement.
- A statement that the owner will accept service of process from the complaining party.
Access to the materials in question will be restored within 10 to 14 business days after the date the Designated Agent receives the counter notice unless the Designated Agent first receives a notice from the complaining party that he or she has filed an action seeking a court order to restrain the site/page owner.
The Designated Agent will promptly send a copy of any substantially conforming counter-notice to the complaining party indicating that the site/page will be restored in 10 to 14 business days unless the Designated Agent receives a notice of court action.
Procedure History
First approved: June 29, 2025