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BYU Infringement Policies

BYU Copyright Policy

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Intellectual Property Policy

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Notification of Claims of Copyright Infringement

The Director of the BYU Copyright Licensing Office is the designated agent to receive notifications of claimed infringement on behalf of BYU under the Digital Millennium Copyright Act (DMCA). Contact information is:

Copyright Licensing Office
Brigham Young University
3760 HBLLProvo, UT 84602
dmca@byu.edu

To be considered, all such notifications must satisfy the statutory requirements set forth in 17 U.S.C. § 512(c)(3)(A).

Copyright Infringement and Repeat Infringers

Brigham Young University respects the valid 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 Licensing Office, the Office of Information Technology, and the Office of the General Counsel at BYU may investigate all claims and notifications of alleged copyright infringement. If BYU determines that any users have infringed the valid 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 may terminate, in appropriate circumstances, access to University computer systems, electronic networks and/or services provided to any user or account holder who is a 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 multiple occasions, i.e., a repeat infringer;
  2. the University has received multiple valid, effective and uncontested notifications alleging that a user or account holder of the University's systems or networks has committed copyright infringement using the University's systems or networks; or
  3. a user has engaged in flagrant abuse of access to the Internet using the University's systems or networks (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works).

Further, where the University has actual knowledge that any material residing on a system or network controlled by the University at the direction of a user is infringing, the University shall act expeditiously to remove or disable access to the material.

Users violating University copyright and infringement policies 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.