Infringement Policies

Notification of Claims of Copyright Infringement

Copyright Infringement Claims

The Brigham Young University Copyright Director, Peter M. Midgley, is the Designated Agent under the Digital Millennium Copyright Act to receive claims of copyright infringement connected with BYU online services. Contact information is:

Peter M. Midgley
Director, Copyright Licensing Office
Brigham Young University
3760 HBLL
Provo, UT 84602
(801) 422-3821
copyright@byu.edu

As stated in the Digital Millennium Copyright Act, Title II, Section 512 (c), claims of infringement by the copyright owner must be submitted in writing, and must include the following information:

  1. the name, address, and signature or electronic signature of the complaining party
  2. sufficient information to identify the copyrighted work or works
  3. infringing matter and its internet location
  4. a statement by the owner that it has good faith belief that there is no legal basis for the use of the material in question
  5. a statement of the notice’s accuracy and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner

Copyright Infringement Policy

The Designated Agent, in cooperation with the Copyright Office and the Office of General Counsel at Brigham Young University will investigate all claims and notifications of copyright infringement.

If BYU determines that any users have infringed the copyrights of others, the users, subscribers and account holders with infringements will be contacted and appropriate action will be taken. BYU reserves the right to choose how to address or respond to any allegation of copyright infringement in accordance with applicable law, including, but not limited to availing itself of the defenses, such as fair use, that are available to copyright defendants generally. Users, subscribers and account holders with repeated infringement on the copyrights of others may have their related access and privileges terminated.

Copyright Infringement and Repeat Infringers

Brigham Young University respects the intellectual property rights of third parties and requires all users of University computer systems or servers (including but not limited to computer networks, online/internet/web and related services) to comply with local, federal and international laws, including copyright laws. Users of the University’s computer systems or servers may not store or disseminate material of any type or in any format (including but not limited to music, movies, television shows, software, photographs, video productions or any other material protected by copyright, trademark and/or patent law that can be conveyed electronically) on BYU’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the U.S. copyright laws.

The University reserves the right to conduct inquiries to determine whether the activities of any user or account holder of the University’s computer systems or servers appear to be infringing. The Designated Agent, in consultation with the Copyright Office, the Office of Information Technology, and the Office of the General Counsel at BYU will investigate all claims and notifications of copyright infringement. If BYU determines that any users have infringed the copyrights of others, such users, subscribers and/or account holders will be contacted and appropriate action will be taken. BYU will follow University policies and procedures for an administrative review and determination of appropriate sanctions.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, BYU will terminate, in appropriate circumstances, access to University computer systems, electronic networks and/or services provided to any user or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where

  1. a user of University computer systems or networks or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer,
  2. where a valid, effective and uncontested notice has been provided to BYU alleging facts which are a violation by the user or account holder of BYU’s Copyright Policy prohibiting infringing activity involving University systems or servers, or
  3. in cases of flagrant abuse of access to the internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyright works).

Further, where the University has actual knowledge that any material or activity using material on the University’s system or network is infringing, or is aware of facts or circumstances from which infringing activity is apparent, the University shall act expeditiously to remove or disable access to the material.

Users violating University copyright and infringement policy may be subject to the full measure of disciplinary action up to and including warnings, suspension and termination of University status and/or employment where applicable. BYU expressly reserves the right to terminate or suspend the user’s or account holder’s computer and network access if BYU, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights BYU may have under law or contract.