What If An Institution Receives a DMCA Subpoena?
The DMCA gives copyright owners the ability to subpoena internet service providers (including colleges and universities operating computer networks) for “information sufficient to identify the alleged infringer” [11]. Copyright holders need not file a lawsuit first; the copyright holder need only apply to the clerk of any United States district court (see discussion at footnote 15 below). The application must include the following: a signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing (including information reasonably sufficient to allow the service provider to locate the material); information reasonably sufficient to allow the service provider to locate the complaining party; a statement that the complaining party has a good faith belief that the use of the material is not authorized; a statement that the information in the application i
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