Digital Millennium Copyright Act Policy

The City Utility Commission of the City of Owensboro, Kentucky (Commission) establishes this Policy for Owensboro Municipal Utilities (OMU) to create measures that reasonably ensure that OMU customers, subscribers, and end-users (hereinafter collectively “Subscribers”) comply with all applicable copyright laws, while still providing reliable and affordable internet services for its Subscribers. This Policy shall be posted on OMU’s Website, referenced in Subscriber’s Acceptable Use Policy, and referenced in the Subscribers’ service agreement.

A Subscriber shall not access, share, or disseminate any material or content over OMU’s network in any manner that may infringe upon a third party’s intellectual property rights, including U.S. copyrights.

OMU shall comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) and do so in a manner that reasonably ensures safe harbor status as a provider who merely transmits, routes, or connects to materials. In providing Internet service OMU shall follow these rules:

  • It will not seek nor obtain any financial benefit from any infringement.
  • It will act upon knowledge or awareness of facts indicating infringing transmissions.
  • It will act promptly to remove or disable access to an infringing transmission upon learning of the infringing transmission.
  • It will notify any Subscriber of a suspected infringement when OMU receives notice from a copyright holder of an infringement and it will inform the Subscriber in writing that repeated infringement will lead to a termination of service.
  • It will suspend or terminate a Subscriber who repeatedly infringes on copyrights.
  • It shall maintain the Director of Telecommunications position as the registered agent with the U.S. Copyright Office.

When OMU receives a notification of infringement from a copyright owner, it shall promptly send the identified Subscriber a written notice of the alleged copyright infringement. The notice shall request that the Subscriber take immediate action to discontinue any activities that may be resulting in a copyright violation. The Subscriber shall also be notified that repeated violations may result in suspension and possible disconnection of their internet service if subsequent infringement occurs. Suspension or disconnection shall be determined on a case-by-case basis considering the nature of the infringement, the intention or willfulness of the Subscriber, and the Subscriber’s history of infringement. However, after a Subscriber has received three (3) notices of copyright infringement of a blatant or willful nature, the Subscriber’s services shall be terminated immediately upon OMU’s receipt of any subsequent notice of infringement.