Digital Millennium Copyright Act

Overview

The Digital Millennium Copyright Act (DMCA) amends federal copyright law to provide certain liability protections for online service providers, including York College of Pennsylvania (York College), when their computer systems or networks carry materials that violate (infringe) copyright law. To qualify for liability protection, the College is required to have a policy under which the computer accounts of users will be terminated if they repeatedly infringe the copyrighted works of others.

Compliance with federal copyright law is expected of all students, faculty, and staff at York College. "Copyright" is legal protection for creative intellectual works, which is broadly interpreted to cover just about any expression of an idea. Text (including email and Web information), graphics, art, photographs, music, and software are examples of types of works protected by copyright. The creator of the work, or sometimes the person who hired the creator, is the initial copyright owner.

Scope

This policy applies to all users of College computing resources (including students, faculty, staff, retirees, alumni, contractors, visitors, and other users of these resources), whether affiliated with the college or not, and to all uses of those resources (including bringing your own device), whether on campus or from remote locations. 

Policy

You may "use" all or part of a copyrighted work only if (a) you have the copyright owner's permission, or (b) you qualify for a legal exception (the most common exception is called "fair use"). "Use" of a work is defined for copyright purposes as copying, distributing, making derivative works, publicly displaying, or publicly performing the work. Copying, distributing, downloading, and uploading information on the Internet may infringe the copyright for that information. Even an innocent, unintentional infringement violates the law. Violations of copyright law that occur on or over the College’s networks or other computer resources may create liability for the College as well as the computer user. Accordingly, repeat infringers will have their computer account and other access privileges terminated.

Procedures

When York College receives a copyright infringement claim involving music, video, software, or other digital materials, York College may take actionable steps, including but not limited to:

  • Check network usage logs and registration information;

  • Suspend a system’s Internet and York College network access; and

  • Inform the user that an infringement claim has been made and ask the user questions regarding downloaded or shared any copyrighted materials. 

York College will not disclose a user’s identity to a claimant.

Offenses

The action items listed below serves as general guidelines and may be adjusted at the discretion of the appropriate offices, including but not limited to Library and Technology Services, the Office of Student Conduct, and Human Resources.

First Offense: If a user if found to be using or sharing the copyrighted material without permission, York College may:

  • Require the user to review information about the DMCA statute and copyright regulations;

  • Require the user to attest that he or she has removed the copyrighted work and the software used to download it;

  • Deny the user's system access to the York College network and Internet until the matter has been resolved;

  • Inform the Office of Student Conduct of the infringement incident if the user is a student;

  • Inform the appropriate senior administrator and the Human Resources department if the user is an employee or contractor so they may determine the appropriate disciplinary action to be taken;

  • Inform the claimant that the matter has been resolved, if necessary.

If the user denies using or sharing the copyrighted material without permission, York College may:

  • Require the user to submit a statement denying the copyright infringement claim;

  • Inform the claimant that the claim has been denied;

  • Under the DMCA, the claimant may pursue a subpoena to obtain the identity of the system user and may file a lawsuit against the user.

If the user does not meet with the LTS Help Desk to review the Acceptable Use Policy and the DMCA information within seven business days of notification, the issue will be deferred to the Office of Student Conduct.

Second Offense: If a user is found to be involved in a second instance of using or sharing copyrighted material without permission, York College may:

  • Require the user to re-read the Acceptable Use Policy and to review information about the DMCA statute and copyright regulations;

  • Require the user to attest that he or she has removed the copyrighted work and the software used to download it;

  • Inform the Office of Student Conduct of the infringement incident if the user is a student;

  • Inform the appropriate senior administrator and the Human Resources department if the user is an employee or contractor so they may determine the appropriate disciplinary action to be taken;

  • Inform the claimant that the matter has been resolved, if necessary.

Third Offense: If a user is found to have a third instance of using or sharing copyrighted material without permission, York College will refer the matter to the Office of Student Conduct and/or the Human Resources department for additional disciplinary action that may include dismissal from York College.

Enforcement

Copyright violations are violations of the York College Acceptable Use Policy. Violators may be referred to the appropriate disciplinary procedure. Violations of law may also be referred for criminal or civil prosecution. York College of Pennsylvania reserves the right to terminate computing services of users who repeatedly infringe upon the rights of copyright owners. If you have questions about whether you may be infringing on another's copyright, please contact us. Willful disregard of York College’s DMCA Policy by members of the community may result in personal liability in the event that legal action is taken against them.

Revised 1/29/2026