Digital Millennium Copyright Act Policy 1. Introduction. This policy is intended to implement the procedures described in the Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA") for the reporting of alleged copyright infringement. It is the policy of the National Academy of Sciences (NAS), which includes the National Academy of Engineering, the Institute of Medicine, the National Research Council, and the National Academies Press (collectively referred to as "The National Academies") to respect the legitimate rights of copyrights owners, their agents, and representatives. Users of any part of the NAS computing system are required to respect the legal protections provided by applicable copyright law. 2. Designated Agent. The NAS's Designated Agent to receive notification of alleged infringement under the DMCA is Dick Morris, Editor, National Academy Press, 2101 Constitution Ave., NW, HA 384 Washington, DC. 20418 email, phone 202-334-3335, fax 202-334-2793. Upon receipt of notification of claimed infringement, NAS will follow the procedures outlined herein and in the DCMA. Complaints made to the Designated Agent will be communicated to the appropriate host institution under the Academy. 3. Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following: (1) An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site. (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the NAS to locate the material. (4) Information reasonably sufficient to permit the NAS to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (5) A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law. (6) A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Failure to include all of the above information may result in a delay of the processing or the DCMA notification. Notice and Takedown Procedure It is expected that all users of any part of the NAS system will comply with applicable copyright laws. However, if NAS is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. NAS will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. Repeat Infringers Under appropriate circumstances, NAS may, in its discretion, terminate authorization of users of its system or network who are repeat infringers. Accommodation of Standard Technical Measures It is NAS's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.