Procedure for Responding to Claims of Copyright Infringement

When Clark College receives a copyright infringement claim involving music, video, software, or other digital materials, it takes the following steps under the 1998 federal statute known as the Digital Millennium Copyright Act or DMCA:

1 Note: We do not disclose the user's identity to the claimant.

First-Time Offenses
If the user acknowledges using the copyrighted material without permission, we will:
If the user denies using the copyrighted material without permission, we will: 2 Note: 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.

Repeat Offenses
If a user acknowledges a second instance of copyrighted infringement, we will:

RIAA Pre-Litigation Letters
In February 2007, the Recording Industry of America (RIAA) announced a new strategy for dealing with suspected instances of copyright infringement. The RIAA has sent "settlement letters" to colleges indicating their intention to sue users of systems engaged in illegal file sharing and asking colleges to forward those letters to users.

The letter informs the user that he/she can avoid a lawsuit by immediately contacting the RIAA and paying a settlement fee. If the user declines to do this, a subpoena will be sought to require the college or university to disclose user's identity. The user may, at that time, avoid a lawsuit by paying a settlement fee larger than the original settlement offer. If the user again declines to settle, a lawsuit will be pursued to obtain damages and recover RIAA legal fees.

In the event that Clark College receives a pre-litigation settlement letter, the College will: 3 Note: Clark College will not disclose the identity of a system user unless presented with a subpoena or other legally binding document.