User Provided Content Web Sites

Acceptable Use Policy

General Obligations: Use of this site must be in accordance with all applicable Federal, state and local laws and any applicable MIT Policy. Of special importance in this latter regard are policies on:

9.5 Policy on Harassment

9.8 Access and Accommodations for Employees and Students with Disabilities (ADA Compliance)

11.0 Privacy and Disclosure of Information

12.0 Relations With The Public, Use Of MIT Name, And Facilities Use

13.0 Information Policy, particularly

13.2.2 Information Security and Preservation

13.2.3 Responsible Use of MIT Computers, Networks, and Telephones

13.5 Reproduction of Copyrighted Material

Copyright Law: Of special concern is the issue of authorized copyrightable materials. Everyone involved in user-provided content web sites share several important objectives: (1) the encouragement of uploads of wholly original and authorized content, (2) the accommodation of fair use of copyrighted content, (3) the elimination of infringing content, and (4) the protection of legitimate interests of user privacy.

Service Providers have a distinct obligation to educate all of the users of the system in connection with the objectives above, and where required, to enforce those obligations. 

Service Providers should include information for Content Originators in a conspicuous place that they may not upload infringing content and that, by uploading content without appropriate authorization, they risk loss of privileges.

Service Providers should include information for Content Users in a conspicuous place regarding the allowable/unallowable uses of content once downloaded.

Copyright Infringement Takedown Notice Policy: Service Providers should include in a conspicuous place a contact point for claims of copyright infringement. When given notice of alleged infringement, Providers must (a) remove or block content expeditiously, and (b) take reasonable steps to notify the person who uploaded the content. Providers need to promptly address conflicting claims with respect to alleged infringing materials.

Providers should retain for at least 30 days information related to User uploads of audio and video content to their services, including Internet Protocol addresses and time and date information for uploaded content.

* 17 USC § 512 (c)(1)(E): " ...respond expeditiously to remove, or disable access to, the material that is claimed to be infringing upon notification of claimed infringement"

Copyright Infringement Repeat Infringers Policy: Providers should use reasonable efforts to track infringing uploads of copyrighted content by the same user and should use such information in the reasonable implementation of a repeat infringer termination policy.

* 17 USC § 512 (i)(1)(A): " ...adopted and reasonably implemented, and informs subscribers and account holders of the service providerÕs system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service providerÕs system or network who are repeat infringers..."