FSD Procedure On Dealing With Possible Infringement Of Intellectual Property Rights

I. Introduction

The Digital Millennium Copyright Act amends federal copyright law to provide certain liability protections for online service providers, including the Fleet Supply Depot (FSD), when their computer systems or networks carry materials that violate (infringe) copyright law. To qualify for liability protection, the FSD 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. 

II. Policy Statement
Compliance with federal copyright law is expected of all staff. "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.

You may "use" all or part of copyrighted work only if you have the copyright owner's permission, or you qualify for a legal exception. "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 FSD’s networks or other computer resources may create liability for the RMN as well as the computer user. Accordingly, repeat infringes will have their computer account and other access privileges terminated. Violators may be referred to the appropriate disciplinary procedure. Violations of law may also be referred for criminal or civil prosecution. 

III. Procedures

A. Notice and Counter Notice when the Depot Receives an Infringement Claim Against You Based on Your Personal Use

Notice: A copyright owner, or person acting for the owner, must provide the FSD’s designated agent, with written notice that information residing on the FSD’s computer systems or networks is an infringement of the copyright. The notice requirement applies to information in system cache and to information location tools (e.g., hypertext links) that infringe copyright. 

[Note: if a person working for the FSD has independent knowledge of a copyright violation on a FSD computer system or network, the FSD may have a duty to remove the infringing material. This is true even if there is no "notice" from the copyright owner. Therefore that person should report the violation to a computer administrator and to the Security Office as soon as possible.]

Removal of information: The FSD will promptly remove or disable access to the allegedly infringing material.

Notice to computer user: The FSD will promptly inform the computer account holder/user that the allegedly infringing material has been removed or access has been disabled.

Counter notice from computer user: The computer account holder/user may send the FSD's designated agent, a written statement that the removal or disabling of access was based on a mistake or misidentification. 

Transmittal of counter notice: The designated agent will promptly transmit a copy of the counter notice to the person who complained of infringement, and will inform that person that the removed material or disabled access will be restored in 10 business days. 

Final FSD Action: The FSD will restore the material or access no less than 10 business days and no more than 14 business days from receipt of the counter notice, unless the person who complained of infringement first notifies the designated agent that the complainant has filed a court action to restrain the computer account holder/user from the infringing activity that was the subject of the original notice to the FSD. 

B. Procedure When the FSD has Notice that Material you Provided for an Official Depot Website, or Provided for another Internet Communication on behalf of the FSD, may Infringe on Intellectual Property Rights

The FSD has a legal duty to insure that official web sites, official email, and other official communications and expressions do not violate the intellectual property rights of third parties. The most common intellectual property rights found on the Internet involve copyright and trademark/service marks.

"Official" web sites and communications include those that are funded or otherwise sponsored by the FSD for a FSD purpose, or which are created by an employee or agent of the FSD who is acting within the authorized scope of employment or agency on behalf of the FSD.

The FSD has "notice" of possible infringement when a third party advises a FSD official that there is an infringement, or when it appears to a FSD official that material is likely to be infringing based on the circumstances

When the FSD has notice of a possible intellectual property infringement in official FSD-provided content, it will in good faith: