Digital Millennium Copyright Act (DMCA) Procedures and Policy
Procedures & Policies
Arkansas Tech University recognizes that downloading and sharing copyrighted material online without permission is both illegal and unethical. In compliance with the Digital Millennium Copyright Act of 1998, Arkansas Tech is obligated, based on federal regulations, to address and resolve any cases of copyright infringement brought to our attention via the procedures listed below:
- The Office of Information Systems is made aware of copyright infringement through the use of file-sharing or peer-to-peer (P2P) software or through a Notice of Claimed Infringement which includes the violation type, IP address, and IP port number. The port is turned off immediately when notification is made to Office of Information Systems personnel.
- Office of Information personnel links the IP to the user.
- In cases involving student users, Office of Information personnel sends the student name, T#, residence hall room location or alternate location of activity (if applicable), email address, “material in question” (Notice of Claimed Infringement), and date of activity to the Student Conduct Administrator.
- A student conduct case is created and assigned to a conduct advisor. The case is adjudicated in accordance with Article lV of the Student Code of Conduct, during which the student acknowledges policies on copyright infringement and illegal downloading by signing a Notice of Illegal Downloading of Copyrighted Material form. Internet access provided by Arkansas Tech is deactivated until the student completes the conduct process.
- If found responsible for violating the policy, the student may receive sanctions including,
but not limited to:
- 1st Offense: Loss of internet access from Arkansas Tech University for a minimum of 10 weeks or until the end of the semester whichever is longer; Educational sanctions: $75.00 monetary fine.
- 2nd Offense: Loss of scholarship eligibility; Loss of student employment eligibility; Loss of internet access from Arkansas Tech University for the remainder of the semester.
- 3rd Offense: University suspension for 1 (one) full semester.
- The student is responsible for the removal of any illegally downloaded material. If Arkansas Tech University officials receive notification of another violation, the student will be held accountable for the second offense, even if the same material from the original violation is detected due to the student's failure to remove the illegally downloaded material.
- The conduct advisor notifies Office of Information Systems personnel of the date when the student's internet access can be reactivated. Permission for re-activation will not be granted until the student signs the Notice of Illegal Downloading of Copyrighted Material form and completes all assigned sanctions.