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Digital Millennium Copyright Act Policy

Introduction

This policy is intended to implement the procedures described in the Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of the National Academies, which include the National Academy of Sciences, National Academy of Engineering, Institute of Medicine, National Research Council and National Academies Press to respect the legitimate rights of copyrights owners, their agents and representatives. Users of any part of the National Academies computing system are required to respect the legal protections provided by applicable copyright law.

Designated Agent

Notification of alleged infringement should be sent to
our designated agent. Upon receipt of notification of claimed infringement, we will follow the procedures outlined on this page and in the DCMA. Complaints made to our designated agent will be communicated to the appropriate Web content manager within the National Academies.

Complaint Notice Procedures for Copyright Owners

A notice of alleged copyright infringement to the designated agent must include the following.

  • An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the National Academies to locate the material.
  • Information reasonably sufficient to permit the National Academies to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notice 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.

Failure to include all of the above information may result in a delay of the processing or the DCMA notification.

Notice and Takedown Procedure

It is expected that all users of any part of the National Academies system will comply with applicable copyright laws. However, if the National Academies are notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. The National Academies will comply with the appropriate provisions of the DMCA in the event a counter notification is received by
our designated agent.

Repeat Infringers

Under appropriate circumstances, the National Academies may, in our discretion, terminate authorization of users of our system or network who are repeat infringers.

Accommodation of Standard Technical Measures

It is the National Academies' policy to accommodate and not interfere with standard technical measures we determine are reasonable under the circumstances, in other words, technical measures that are used by copyright owners to identify or protect copyrighted works.