Copyright Infringement

Copyright Infringement

What is a copyright?
A copyright is an exclusive right to make copies, license, and otherwise utilize a literary, musical, or artistic work, whether printed, audio, video, etc. Works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death.

Simply put, a copyright is a legal concept which gives a person exclusive rights to distribute and use, something they created.

What is a Copyright Infringement?
Copyright Infringement is when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) is a federal law that was passed on October 12, 1998. Among other things, this law specifically addresses the use of the Internet to illegally reproduce or disseminate copyrighted material. To learn more about the DMCA, you can click here.

Why did I get a Notification of Copyright Infringement?

If you have received a copyright infringement notice from Golden West via certified letter or e-mail, this means that a computer on your network is making copyrighted material publicly available without the consent of the copyright holder. 

In layman’s terms, there is a computer on your network that is sharing movies, music, software, or some other form of media, probably through a peer-to-peer program.  The copyright holder has notified Golden West of this, and we are legally required to notify you.

Using your Golden West Internet connection to download or distribute copyrighted material illegally is a violation of our Acceptable Use Policy and can result in suspension or termination of services.

How do you know that I am the one who did this?

When a copyright holder contacts Golden West, they send us the name of the material that is being infringed upon, the time that the material was being made available online, as well as the public IP address of the computer or network that is sharing it.  Since public IP addresses are unique, and can only be used on one device at a time, they act much like a fingerprint.  To be in compliance with the law, Golden West uses this information to identify and contact the party responsible.

How does Golden West respond to notifications of copyright infringement?

First Offense – Notice is sent via certified mail to customer.

Second Offense –Email will be sent to customer.

Third Offense – Additional notice is sent via certified mail to customer explaining possible consequences for subsequent offenses.

Fourth Offense – Customer’s internet service may be suspended for 6 months.

Additional Offenses – Customer’s internet service may be re-suspended or terminated.

DMCA Designated Agent

Kelly Wolfe

Golden West Telecommunications

PO Box 411

Wall, SD 57790

(605) 279-2161

dmca@goldenwest.com