Copyright Infringement Notice Procedures

Purpose

These Procedures describe the steps the University will take when it receives a complaint about a potential copyright infringement using electronic systems. Included in these procedures is important information for those wishing to make such a complaint.

Rights holders who wish to contact the University in relation to alleged copyright infringement by means other than electronic systems should refer to the University's 'Copyright and Disclaimer' information, which may be accessed via the University's web site.

Organisational scope

These Procedures apply to University staff and students, along with external parties using the University network and IT facilities.

Definitions

Electronic systems

Refers to any device or service that is based on computers. This includes, but is not limited to, computers, mobile devices, smart phones, software and on-line services.

Content

The University has implemented the following Procedures for handling reports of infringements of copyright from rights holders or other parties.

1. Reports should normally be made to the email address copyright@otago.ac.nz and contain sufficient information to identify the incident. This includes the following:
   1. the source IP of the computer
   2. the time the event occurred including the timezone
   3. the content in question (including file names and sizes)
   4. the site the content was downloaded from, or commenced from.
   Any complaints sent to other email addresses or contacts cannot be guaranteed to be processed according to these Procedures.
2. These reports will be referred to the Information Security Office, Information Technology Services for investigation. The Information Security Office will endeavor to establish the validity of the complaint, and identify the person responsible within 10 University working days of receipt of the complaint.
3. In the event that the Information Security Office considers that the complaint has a valid basis and an individual is able to be identified as being responsible, the matter will be referred on for further action For staff the matter will be referred to the Director, Human Resources and for students the matter will be referred to the Proctor,, Student Services. Any other complaints will be dealt with on a case by case basis.
4. The original complainant will not be notified of any action undertaken by the University unless this is requested at the time of lodging the original complaint. The University reserves the right to limit the information released to the complainant and will not release any personal information relating to any identified people involved in the breach.
5. If the University is requested to notify the complainant of the outcome, it will typically limit information to
   1. the completion of the internal investigation
   2. if any individual has been identified
   3. if that individual has been referred on to the appropriate organisational unit
6. All complaints will be logged along with any identified individuals. In the event that an individual is identified as a repeat copyright infringer, this information will be referred on to either the Director, Human Resources or the Proctor.

Related policies, procedures and forms

• New Zealand Copyright Act and subsequent amendments
• Information and Communications Technology Regulations 2014
• University of Otago Copyright and Disclaimer statements