MCLS Copyright Infringement Polices and Procedures
1. Where a complaining party must forward a claim of copyright infringement.
If a party wishes to notify the Monroe County Library System (MCLS) with a claim of copyright infringement regarding content posted to an MCLS serviced or hosted website, the Complaining Party must notify the MCLS of such claim of copyright infringement in writing at:
Monroe County Library System
840 S. Roessler St.
Monroe, MI 48161
Phone number (734) 241-5770
Fax number (734) 241-4722
2. Contents of notice of claimed infringement.
To be valid, a complaining party’s notice to MCLS of a claim of copyright infringement must:
a. Identify the copyrighted work(s) claimed to have been infringed;
b. Identify the material claimed to have been infringed or to be the subject of infringing activity;
c. Request that the material be removed or access to the same be disabled;
d. Contain information sufficient to permit the MCLS’ designated agent to locate the material or content at issue;
e. Contain information reasonably sufficient to permit MCLS’ designated agent to contact the Complaining Party such as an address, telephone number, and, if available, an e-mail address at which the Complaining Party may be contacted;
f. Contain a statement the that Complaining Party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
g. Contain a statement that the information in the notice is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the copyright owner of the material which has been allegedly infringed upon; and
h. Contain a physical or electronic signature of the Complaining Party or its authorized agent.
3. Monroe County Library System’s action in response to Complaining Party’s notice.
Upon the receipt of a Complaining Party’s valid written notice of a claim of copyright infringement pursuant to paragraphs 1 and 2 above, the MCLS will:
a. Remove or disable access to the material or content that is claimed to be Infringing; and
b. Take reasonable steps to notify the alleged infringer that it has removed or disabled access to the allegedly infringing material on or linked to the alleged infringer’s website
4. Contents of Counter Notification.
The MCLS Designated Agent may be provided with a written counter notice in response to the Complaining Party’s valid notice of a claim of copyright infringement in a manner provided in Paragraph 1 above. To be valid, the counter notice must:
a. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
b. Contain a statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material removed or disabled;
c. Contain the name address, telephone number and a statement that the Subscriber consents to the jurisdiction of the Federal District Court for which the address is located and that the Subscriber shall accept service of process from the Complaining Party or its authorized agent; and
d. Contain a physical or electronic signature of the Subscriber or its agent.
5. Monroe County Library System’s action in response to the counter notification.
Upon the MCLS’ Designated Agent’s receipt of a valid counter notice pursuant to paragraphs 1 and 4 above, the MCLS’ Designated Agent will:
a. Promptly forward to the Complaining Party a copy of the counter notice at issue; and
b. Inform the Complaining Party that it will replace the removed material and cease the disabling access to the same in not less that ten (10), nor more than fourteen (14), business days following receipt of the counter notice from the Subscriber unless the MCLS’ Designated Agent first receives notice from the Complaining Party or its authorized agent that such person has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the materials on the MCLS system or network.
6. Repeat Infringers.
It is the policy of the Monroe County Library System to terminate the computer privileges of any person who repeatedly uses online services in violation of copyright laws.