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General Notice

This Saint Louis University web site is provided to support the University in fulfilling its teaching, research and service mission. Any documents, search results or any other information found on or via this web site are "as is" and Saint Louis University makes no representations or warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or liability for any lost profits or consequential damages, or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or that its use would not infringe privately owned rights. Saint Louis University makes no representations or warranties regarding the conditioning or functionality of this Web server, its suitability for use or its availability.

Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Saint Louis University. Moreover, product or company names that appear in Saint Louis University links or sites are trademarks and/or service marks of their respective owners. The views and opinions of authors expressed herein do not necessarily state or reflect those of Saint Louis University, and shall not be used for advertising or product endorsement purposes, or for any other commercial purpose, without the express written consent of Saint Louis University.

Use of this Web Site - User's Authorization

By using this Web site, each user agrees to abide by the federal copyright laws and all other applicable laws of the United States as well as the rules and policies of Saint Louis University. All transactions on this server are being logged into a publicly readable file.

Privacy

We are devoted to protecting your privacy. We do not sell, trade, or rent your personal information to others. As you browse some areas of SLU.edu, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising vendors then enable us to present you with retargeting advertising on other sites based on your previous interaction with the University's sites. This technology allows them to develop advertising that it directly relates to information about the University that may be of interest to you. We do not allow these vendors to collect personal information such as your name, email address, postal address or telephone number, nor are they allowed to use data that they collect for us for any other purpose.

Responsibility for Pages

Deans, Directors, Budget Unit Heads, or respective designees of these Saint Louis University units are responsible for reviewing, clearing and maintaining information posted on official Saint Louis University pages. The page developer and/or author is ultimately responsible for page information, not Saint Louis University.

Saint Louis University does not monitor, censor or control the content of the materials in its web sites. The authors of the material in the Saint Louis University resources are responsible for obeying all applicable laws and policies of Saint Louis University.

Saint Louis University welcomes your comments regarding its web sites and asks that you please advise Saint Louis University if you discover any misleading or inappropriate information on this website. Such comments should be addressed to the author, if known, of the material and the DocMaster. If attempts to contact the first two are not satisfactory, please contact SLU's Division of Marketing and Communications at marcom@slu.edu.

Reservation of Rights

Saint Louis University reserves the right, in its sole discretion, to make any and all modifications to this website that it deems appropriate including, but not limited to, removing material, documents, apparatus and/or links.

Rules and Resources for On-Line Intellectual Property

General Information - Saint Louis University

Information on Copyright Compliance

The following resources are available to the Saint Louis University community to accomplish its goals without infringing the intellectual property rights of others.  Infringement can result in lawsuits or require withdrawal of infringing material.  Note that network publication of student work may involve issues both in copyright law and FERPA privacy law (http://www.ed.gov/offices/OM/fpco/ferpalist.html).

"Property sensitive" measures include obtaining permission for use, quoting source material according to the four Fair Use requirements, and finding alternate materials that are easier to legally use (such as items that assigned or lapsed into public domain or U.S. government publications).  Writers should also heed long-standing academic standards of citation and acknowledgement.

An excellent collection of advice on these matters is available at the following sources:

Saint Louis University DMCA Procedures and Policy for Repeat Offenders  

The following procedures implement Saint Louis University`s enforcement of specific sections of the U.S. Digital Millennium Copyright Act of 1998.  Other documents on this site implement other aspects of the DMCA.  The following procedures, including use of the central DMCA agent, should prove expedient to all concerned.

  • The University's registered DMCA agent shall receive all claims of infringement.  Claims may come from inside or outside the University.  The law requires such claims to contain certain information including location of infringement materials.
  • The DMCA agent shall promptly acknowledge receipt of each infringement claim.  If the claim fails to substantially comply in supplying information, the registered agent shall promptly attempt to contact the person making the notification or take other reasonable steps to assist in the receipt of notification that substantially complies.
  • The registered DMCA agent shall coordinate activities, keep records required to track repeat offenses, and assure proper adjudication of all incidents. The DMCA agent and those acting for and in conjunction with the DMCA agent shall:
      • Protect rights of intellectual property owners as defined by law, University policy, and accepted standards of academic behavior
      • Protect rights and due process of those accused of infringement - particularly if Fair Use protection may apply
      • Generally support the authorized instruction, research and service missions of the University
      • Consult the General Counsel and CIO when any question arises in pursuing the above.
  • Upon receipt of a complete claim of infringement, the registered agent shall direct prompt removal of material or removal of all local or wide-area network access to the material or activity claimed to be infringing.  The Registered Agent shall take steps to ensure this take-down will impact essential University activities as little as possible in effecting immediate compliance, and will arrange that University agents will promptly restore the material or activity, upon proper compliance with the terms of DMCA regarding Put Back procedures.
  • The registered University agent or the agent`s delegate will take responsible steps to promptly notify the subscriber/user of the take-down.  This notice will specify information required to make a counterclaim, and other information explaining applicable due process rights.
  • Saint Louis University may terminate access and exercise disciplinary and/or other correctional measures for any copyright infringement claim, including repeated claims and/or violations or flagrant misuse of the University`s information systems equipment or network connections and/or services.
  • All questions regarding this policy should be directed to the University`s Registered Agent.
Saint Louis University Registered DMCA Agent

Dave Maddox
Chief Information Security Officer
Information Technology Services
Wool Center,  Rm 376
314-977-4917
dave.maddox@health.slu.edu 

For more information about DMCA, please visit the Digital Millennium Copyright Act of 1998 website.

Copyright Owners

The Digital Millennium Copyright Act requires that a claim of copyright infringement be sent to the University`s Registered Agent, providing specific information as outlined below.  DMCA Section (512)(f) provides penalties for knowingly misrepresenting a claim.

DMCA Section 512(c)(3)(A) requires the following of notices alleging copyright infringement:

ELEMENTS OF NOTIFICATION

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the Registered Agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  [As an electronic signature, our agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.]

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

[Please include a URL such as http://.../.../... or ftp://.../.../... identifying the material or representative material. If possible, specify any IDs, passwords, or other authorization required to access the material.  Please specify date, time, and time zone from which the material was observed.  Technicians may require time information in order to identify dynamically assigned internet locations.]

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Section 512(d)(3) requires similar information for notices requesting removal of links or other references to infringing materials.

The DMCA requires prompt acknowledgment and action from the registered DMCA agent.  The registered DMCA agent will forward any counterclaims to the complaining party.  Laws such as the U.S. Family Educational Rights & Privacy Act may control to what extent the University can identify specific members or how to contact them.

Counterclaims of Copyright Infringement

The Digital Millennium Copyright Act Section 512(g)(3) requires that a counterclaim of copyright infringement provide certain information specified below.  DMCA Section 512(f) defines penalties for knowingly misrepresenting a counterclaim.

 CONTENTS OF COUNTER NOTIFICATION

To be effective under this subsection, a counter notification must be a written communication provided to the service provider's Registered Agent that includes substantially the following:

(A) A physical or electronic signature of the subscriber.

[As an electronic signature, our agent accepts facsimile/fax and digitized image of signature attached to electronic mail.]
(B) Identification of 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.

[This information will normally be included in the notice you receive from the DMCA agent. You may want to expand on it or distinguish some materials from others.  Please include a URL such as http://.../.../... or ftp://.../.../... identifying the material or representative material. Specify any IDs, passwords or other authorization required to access the material.]
(C) 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 mistake or misidentification of the material to be removed or disabled.

[If you have any permissions for subject materials, please identify them.  If you believe materials to be quotable under Fair Use Doctrine, please state your case with reference to the four principles of Fair Use.]
D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Once the complaining party receives your claim, the DMCA permits your service provider, the University, to restore materials or access within two weeks - unless the complaining party serves notice that it intends to seek a court order to restrain infringement.  University policy may mandate for other reasons that materials or access not be restored, and that other investigation, containment, or disciplinary measures proceed.