There are two common actions that faculty often follow regarding their content:
In some cases, posted course material is indexed by search engines. You can use the search engine to find the infringing material. For our example, we will assume we want to search for course content related to ENGL1010. We want to customize the search such that we find content that is related only to Tulane's ENGL1010. We want to exclude any content that is on Tulane web servers to reduce the false-positive rate.
The list of sites that act as markets or bulletin boards for course information changes every day. As of this writing, these are the sites that are the most popular. You may want to add these sites to your search terms. Alternatively, you may wish to get an account on the sites in order to locate material that has not been indexed by the search engines. For information on creating accounts on each site, see their web pages.
To have materials removed from a web site under the Digital Millennium Copyright Act (DMCA), the copyright owner or agent must write to the infringing site's DMCA agent and/or Internet Service Provider (ISP). The DMCA agents for select sites may be found at https://www.copyright.gov/dmca-directory/:
Here's how to look up the correct address of an ISP if the site does not provide contact information for their DMCA agent:
You then need to send a DMCA Takedown Notice to the DMCA agent or ISP. The notice must include the information specified in 17 U.S.C. 512(c). Here is a sample letter:
To: [DMCA Agent]
My name is [INSERT NAME]. A website that your company owns (according to WHOIS information) is infringing at least one copyright owned by me. A paper I authored was copied onto your servers without my permission. My original article, to which I own the exclusive copyrights, is entitled [Name of Paper] and can be found at:
[PROVIDE URL]
The unauthorized and infringing copy can be found at:
[PROVIDE INFRINGING WEBSITE URLs]
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"). I request that you immediately remove the infringing material identified above from your servers. I request that you immediately notify the infringer of this notice and tell them to cease any further posting of infringing material to your server in the future.
Please be advised that the law requires you, as a service provider, to "expeditiously remove or disable access to" the infringing material upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.
I have a good faith belief that the use of the material on your web site is not authorized by the copyright owner, its agent, or the law. Furthermore, the information contained in the notification is accurate, and, under penalty of perjury, I certify both that the information contained in the notification is accurate and that I have the authority to act on behalf of the owner of the copyright.
Sincerely,
[YOUR NAME]
Address
City, State Zip
Phone
E-mail