Designated Agent to Receive Notices
Title: Copyright Agent
Utah Valley University
800 West University Parkway
Orem, UT 84058-5999
Phone: (801) 863-8200
Fax: (801) 863-8918
Notice and Take-down Procedure
Written notification of allegedly infringing work must be sent to the college's agent at the above address. The notice must include ALL of the following:
[Individuals who wish to submit a notice are referred to the Digital Millennium Copyright Act Section 512 (c) (3) (A) (for notices alleging that content infringes) or Section 512 (d) (3) (for notices that allege that information location tools such as links contribute to infringement of a work).]
The college's agent will review the notification to be sure it substantially conforms to the statutory requirements. If the notice substantially conforms, the agent will take reasonable steps to notify the page owner of the allegation of infringement and secure voluntary take-down of the work or disable access to the work.
If the notice fails substantially to conform, but the problems are with requirements 1, 5 or 6 above, the agent will contact the complainer and try to obtain the missing information. If the complainer provides substantially conforming information, the agent will notify the page owner of the allegation of infringement and secure voluntary take-down of the work or disable access to the work.
If the notice is nonconforming with respect to requirements 2, 3 or 4, or if the complainer does not respond to the agent's request for additional information, the agent will ignore the notice. The agent will archive the notice along with a copy of any correspondence attempting to obtain additional information.
After the page owner voluntarily takes down the page or the college's agent disables access to it, the college or the page owner may decide to proceed to counter-notification.
Counter-notices can only claim: (1) that the copyright owner is mistaken and that the work is lawfully posted or (2) that the work has been misidentified. A page owner may assert that a use of another's work qualifies as a fair use and so the copyright owner is "mistaken" in characterizing it as infringing.
Counter-notices must contain ALL of the following:
The page owner must send the counter notification to the college's agent who will:
If the agent receives notice that the complainer has filed an action seeking a court order to restrain the page owner, the agent will:
For additional information, please see the Appropriate Use of Computing Facilities policy.