Digital Millennium Copyright Act (DMCA)

TESU requires all members of the University community to comply with all state and federal laws including copyright laws. The students, mentors and staff at TESU have access to TESU’s Academic Code of Conduct and Copyright Infringement and the U.S. Copyright Office’s Home Page. Unauthorized distribution of copyrighted material, including unlawful file sharing, is copyright infringement and may subject the infringing individual to disciplinary action, and civil and/or criminal penalties described below.

Allegations of copyright infringement by TESU users that comply with the Digital Millennium Copyright Act, Title II, Section 512 (c) (3) (“DCMA”) will be investigated. The University’s DMCA agent or their designee will investigate all valid notification of claimed copyright infringement received by TESU for appropriate action. If TESU determines that any users have infringed copyrights of others on a repeat basis, the offending user's access to online services may be terminated. TESU reserves the right to choose how to address or respond to any allegation of copyright infringement received including, without limitation, the choice of any defense under applicable law.

Notification of Claimed Infringement under the Digital Millennium Copyright Act: If any owners of copyrights believe TESU's users are infringing copyright protected work, they may send a notice to TESU's designated agent at:

Office of General Counsel
Thomas Edison State University
111 W. State St.
Trenton, NJ 08608
compliance@tesu.edu

Notification of claimed infringement must contain the information required by and otherwise comply with the Digital Millennium Copyright Act, Title II, Section 512(c).

TESU DMCA Take-Down Procedure

In compliance with the Digital Millennium Copyright Act, Thomas Edison State University adopts the following procedure for the removal of infringing materials. As stated above, the University reserves the right to modify this response procedure on a case-by-case basis provided that the requirements of the law are met.

  1. All DMCA notices shall be sent to the University’s designated agent listed above. The agent will review the notice to ensure that it contains all elements required by Section 512(c)(3)(A) of the DMCA.
  2. The DMCA agent or their designee shall acknowledge receipt of the claim to the complainant. If the notice provided does not substantially comply with the requirements of the DMCA, the agent shall attempt to contact the sender to notify of the non-compliant notice.
  3. The DMCA agent or their designee shall coordinate the University’s response, maintain records of notices and offenses, and assure all incidents are processed in accordance with the law. The actions of the agent shall protect the rights of intellectual property owners, while also respecting the rights of those accused of infringement.
  4. Upon receipt of a complaint, the DMCA agent or their designee shall work with the appropriate representatives from the University’s Website Strategy and Technology offices to ensure the prompt removal of all infringing material. The agent will take reasonable steps to ensure such action does not negatively impact activities essential to the University’s mission.
  5. When a complaint counter-notice is received, the designated agent will ensure that the material is restored in accordance with the provisions of the DMCA.
  6. Thomas Edison State University may take steps to terminate access and exercise other disciplinary action in response to valid copyright infringement claims, particularly with regard to claims of repeat infringement.
  7. Questions regarding this procedure should be directed to the University’s designated agent listed above.

Using TESU's Copyright Protected Materials

As a general rule, you may print, reproduce, and use the information in, and retrieve files containing publications or images from, only those WWW documents to which TESU expressly grants permission or license, provided: (1) the use is for non-commercial, personal, or educational purposes only, (2) you do not modify any information or image, and (3) you include any copyright notice originally provided in the materials. If a particular author places further restrictions on the material, you must honor those restrictions. In some instances, specific information contents may be copyrighted by others. By using any of this material, you assume all risks of copyright infringement and related liability.

Using TESU Logos, Trademarks and Licensed Graphics, and Web Templates

All standard graphics, photographs, and text of the TESU Home Page and connected pages displaying the TESU logos and logotype are trademarked by TESU. Redistribution or commercial use is prohibited without express written permission.

Unlawful File Sharing

Thomas Edison State University prohibits unlawful file sharing, and has instituted Acceptable Use Procedures and Guidelines, which prohibit illegal sharing over the University’s network.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.