Copyright Infringement

Copyright Infringement - Penalties and Enforcement

When New River receives a report of copyright infringement, the following steps are taken:

Network usage logs are examined to identify the computer and the user:

1. The computer is disconnected from the Internet.
2. The copyright holder (or agent) who initiated the claim is notified that the issue is being addressed in accordance with the Digital Millennium Copyright Act (DMCA) guidelines.
3. The user is informed that a copyright infringement claim has been filed and asked whether the copyrighted material in question was downloaded or shared without permission.

First-Time Offenses

If a user acknowledges using the copyrighted material without permission, we:

1. Require the user to read the Computer Use Policy and Procedure documents and to review information about the DMCA statute and copyright regulations.
2. Require the user to submit a statement that (a) confirms the copyright infringement, (b) acknowledges violation of the Computer Use Procedure, and (c) promises not to repeat this behavior.
3. The computer user’s identity is not disclosed to the claimant.
4. Deny the user’s system access to the Internet for one full week.
5. Inform the claimant that the issue has been resolved.

If a user denies using the copyrighted material without permission, we:

1. Require the user to submit a statement denying the copyright infringement claim.
2. Inform the claimant that the claim has been denied.
3. Under the DMCA, the claimant may seek a subpoena to obtain the user’s identity and may file a lawsuit against the user.

Second-Time Offenses

If a user acknowledges a second instance of using copyrighted material without permission, we:

1. Require the user to re-read the Computer Use Policy and Procedure documents and to review information about the DMCA statute and copyright regulations.
2. Require the user to submit a statement that (a) confirms the second case of copyright infringement, (b) acknowledges violation of the Computer Use Policy and promises not to repeat this behavior, and (c) recognizes that any further violations may result in academic dismissal.
3. Deny the user’s system access to the campus network for a period not to exceed the balance of the semester.
4. Inform the Chief Academic Officer of the actions taken.
5. Inform the claimant that the issue has been resolved.