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eArchives DMCA NOTICE AND TAKE DOWN PROCEDURES

Indiana University abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of the response, we may remove or disable access to materials residing on a site that is controlled or operated by Indiana University (such as folio.iupui.edu) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notifications, also in accordance with the DMCA.

The Indiana University official designated to respond to allegations of copyright infringement on the part of individuals at Indiana University (any campus), in accordance with the Digital Millennium Copyright Act, is identified below, along with contact information

Agent Contact Information

Merri Beth Lavagnino
Chief Information Policy Officer
Office of the Vice President for Information Technology Indiana University
E-mail: copyright@iu.edu
Phone: 317-274-3739
Fax: 317-274-4513

Digital Millennium Copyright Act

The Digital Millennium Copyright Act specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements:

  1. a physical or electronic signature;
  2. identification of the infringed work;
  3. identification of the infringed material;
  4. contact information for the complainant, e.g. address, telephone number, electronic mail address;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
  6. a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Counter-Notification

If material that you have posted to a site controlled or operated by Indiana University (such as folio.iupui.edu) has been taken down, you may file a counter-notification that contains the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Indiana University may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
  5. Your physical or electronic signature.

Then send this notice to:

Agent Contact Information
Merri Beth Lavagnino
Chief Information Policy Officer
Office of the Vice President for Information Technology Indiana University
E-mail: copyright@iu.edu
Phone: 317-274-3739
Fax: 317-274-4513

Based on information from http://www.indiana.edu/comments/complaint.shtml and http://creativecommons.org/dmca/

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