Kent State's Response to Copyright Infringement

Safe Harbor

Safe Harbor is located in Section 512 of the Digital Millennium Copyright Act (DMCA). It exempts Kent State University from being sued due to claims of copyright infringement resulting from users on its network. Safe harbor provisions were made to shelter Internet Service Providers (ISP's) from the infringing activities of their customers. Currently, the university qualifies for the safe harbor exemption. This means that the student, employee, or faculty member is the one liable for monetary damages if they are found to be the infringing individual. The university does not at this time give up the name of the individual who is infringing unless legal action is taken by the complainant. In order to maintain Safe Harbor, the DMCA Compliance Team notifies the infringing user of the infringement notice and restricts their account and/or device's network access. If subpoenaed, the university will turn over the name of the infringing user at that time.

Network Monitoring for Users Who are File Sharing

Kent State is not a policing organization. The university does not actively monitor computing behavior in search of copyright infringements.

Organizations such as the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), the Business Software Alliance (BSA), Entertainment Software Association (ESA), and others monitor file sharing systems on the Internet. When they discover an instance of illegal file sharing that is originating from within Kent State's network, they will send an official notice to the university.

Upon receipt of this notice, the university must take action to stop copyright infringement from occurring on its network.

Kent State's Response to Copyright Violations

Title II of the Digital Millennium Copyright Act (DMCA) limits the liability of Internet Service Providers (ISP) for certain infringements. This means that the DMCA provides limited liability for Kent State University, as it is an ISP for the students, faculty and staff. In order for Kent State to take advantage of some of the DMCA provisions, the university must take steps to respond to notices it receives.

Requirements of the DMCA:

  • Kent State University receives DMCA notifications regarding copyright material that is being shared through the university's network. The Copyright Agent is required under the DMCA to respond in a timely matter to any copyright infringement notice received.
  • Upon receiving a notification, the DMCA Compliance Team determines the owner of the computer that was using the IP address during the date specified, among other evidentiary information.
  • The DMCA Compliance Team then notifies the offender by email, about the infringement.
  • If requested, the complainant (RIAA, ESA , BSA, MPAA, etc.) is notified of the claimed infringement and the discipline consequences set forth by the university. This does not include the identity of the alleged infringing party.

The DMCA requires that the university provide information to students, faculty and staff accurately, describing and urging compliance with copyright law. The DMCA also requires that the university has procedures in place that will inform the students, faculty and staff of its policy regarding repeat infringement.

Procedure When the DMCA Compliance Team Receives a DMCA Notification

First offense

  1. The DMCA Compliance Team emails the alleged infringing party informing him or her of the infringement notification.
  2. The DMCA Compliance Team blocks the alleged infringing party's account from accessing the University's network.
  3. The alleged infringing party will be required to do all of the following:
  • Remove the offending material from his or her computer and discontinue illegal file sharing activities.
  • Pass a quiz (with a score of 100%) on the material in the DMCA course, which is available via Canvas.
  • Deliver a signed acknowledgement of the email notification to the DMCA Compliance Team, attesting that all of the requirements described above have been met.
  • Schedule an appointment with the DMCA Compliance Team at 330-672-3929 or copyright@kent.edu to speak with a team member.

Upon receipt of the required materials and completion of all necessary remediation steps, the DMCA Compliance Team will restore the infringing party's network access.

Second offense

  1. The DMCA Compliance Team emails the alleged infringing party informing him or her of the infringement notification.
  2. The DMCA Compliance Team blocks alleged infringing party's Internet access.
  3. The alleged infringing party will be required to do all of the following:
  • Remove the offending material from his or her computer and discontinue illegal file sharing activities.
  • Pass a quiz (with a score of 100%) on the material in the DMCA course, which is available via Canvas.
  • Obtain written verification from the TechHelp Service and Repair Center or another reputable computer service center that the above requirements have been met.
  • Deliver a signed acknowledgement of the email notification to the DMCA Compliance Team, attesting that all of the requirements described above have been met.
  • Schedule an appointment with the DMCA Compliance Team at 330-672-3929 or copyright@kent.edu to speak with a team member.

Upon receipt of the required materials and completion of all necessary remediation steps, the DMCA Compliance Team will restore the infringing party's network access.

Third (and future) offenses

  1. The DMCA Compliance Team emails the alleged infringing party informing him or her of the infringement notification.
  2. The DMCA Compliance Team blocks alleged infringing party's Internet access.
  3. The alleged infringing party will be required to do all of the following:
  • Remove the offending material from his or her computer and discontinue illegal file sharing activities.
  • Pass a quiz (with a score of 100%) on the material in the DMCA course, which is available via Canvas.
  • Obtain written verification from the TechHelp Service and Repair Center or another reputable computer service center that the above requirements have been met.
  • Deliver a signed acknowledgement of the email notification to the DMCA Compliance Team, attesting that all of the requirements described above have been met.
  • Schedule an appointment with the DMCA Compliance Team at 330-672-3929 or copyright@kent.edu to speak with a team member.
  • Students will be referred to the Office of Student Conduct to determine further consequences. Employees and faculty will have their supervisors made aware of the incident to determine further consequences.

Upon receipt of the required materials and completion of all necessary remediation steps, the DMCA Compliance Team will restore the infringing party's network access.

This page is maintained by the Department of Infrastructure Engineering's DMCA Compliance Team
Email: copyright@kent.edu
Phone: 330-672-3929

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