You are here:
- What should I do if someone asks me to accept legal papers (such as a summons or subpoena) on behalf of the Institute?
- Who can accept service of process for MIT?
- What should I do if a government employee comes to my office and asks for information?
- What should I do if I receive correspondence from an attorney asserting a claim against me (in my professional capacity), my department, or MIT?
- I have received a request for a student’s educational records. What should I do?
- How do I obtain a liability waiver?
- What protections are available to me as an MIT student, employee, volunteer, or committee member against liability that might arise from the performance of activities in good faith and within the scope of my relationship with MIT?
- What insurance is available to me?
- How do I get permission to use MIT trademarks or logos on collegiate logo goods such as apparel, hats and mugs?
- How do I get permission to film or photograph on campus?
- How do I get permission to use the MIT name and/or logo (i.e. in connection with any commercial activity, press release, announcement, book, article, or other outside venture)?
- What if I want to include the name of a company or a link to a company’s website on a MIT website?
- Can my dorm sponsor regular movie nights?
- Can I include previously published materials that I wrote in my thesis or on my website?
- What should I do if I receive a DMCA notice from MIT?
- What should I do if a company asked me to sign a confidentiality agreement?
- How can I get assistance with a contract?
- Who can sign a contract on behalf of MIT?
- Where can I get more information about traveling on MIT business?
- How can I get assistance with personal legal problems such as issues with my landlord?
- What is the process to obtain a Power of Attorney for the import or export of materials or equipment?
- How can I get a document notarized?
Q: What should I do if someone asks me to accept legal papers (such as a summons or subpoena) on behalf of the Institute?
A: You should refuse to accept these documents and send the person to the OGC in 7-206. You should then call the OGC (452-2082) to alert us that someone is coming over with legal documents.
If you receive a summons or subpoena in the mail, or mistakenly accept one from a process server, please contact the OGC immediately. Note that a delay in responding to these documents could have serious legal consequences for MIT.
Q: Who can accept service of process for MIT?
A: An attorney in the OGC may accept properly made service of process on behalf of MIT. However, if a member of the MIT community is being sued in his/her personal capacity, typically that individual must be served personally.
Q: What should I do if a government employee comes to my office and asks for information?
A: Examine the agent’s identification and credentials to ensure that they are genuine. Write down the agent’s name and phone number and make a copy of his/her badge or card. Examine and copy the forms presented by the agent, including any documents that show consent by an individual to release his/her information. Check to be sure such consent documents are recent and have been properly signed. If all appears to be in order, answer the agent’s questions and provide copies of any requested documents. Retain a list of the documents provided to the agent.
Q: What should I do if I receive correspondence from an attorney asserting a claim against me (in my professional capacity), my department, or MIT?
A: You should immediately fax all legal correspondence relating to the Institute to Mark C. DiVincenzo, Deputy General Counsel at 617-452-3110. The original document can be picked up by an OGC staff member.
Q: I have received a request for a student’s educational records. What should I do?
A: Federal law and MIT policy governs the confidentiality of student records. Do not respond to any request for student records without speaking first to an attorney in the OGC, or the Registrar. Also see P&P regarding Privacy at http://web.mit.edu/policies/11.0.html
Q: How do I obtain a liability waiver?
A: You should direct all questions regarding liability waivers to Regina Dugan, Associate Counsel and Insurance Manager in the OGC.
Q: What protections are available to me as an MIT student, employee, volunteer, or committee member against liability that might arise from the performance of activities in good faith and within the scope of my relationship with MIT?
A: Please follow this link to information on Indemnification and Insurance.
Q: What insurance is available to me?
A:
Auto liability
- Personal Auto – For use of one’s personal auto on MIT business, MIT provides automobile liability coverage for injuries to third parties in excess of the limits provided by the driver’s personal automobile insurer. There is no reimbursement for deductibles or surcharges following an accident. Please see the MIT Travel policy for additional information: http://controllers.mit.edu/site/travel/policies_procedures/mit_p_p /mit_travel_policy_and_procedure_manual/2_0_normal_travel
- Automobile Rentals http://controllers.mit.edu/site/insurance/policies_procedures/automobile/ automobile_rentals
Personal Property
MIT’s property insurance does not cover personal property. Portable electronic devices, including but not limited to, cell phones and PDAs are not insurable equipment regardless of whether or not they were purchased with MIT funds.
MIT Property and Leased Property
http://controllers.mit.edu/site/insurance/policies_procedures/ thefts_property_damage
Workers’ Compensation
Claims are administered by MIT’s Human Resources Department: http://hrweb.mit.edu/benefits/disability/work_comp.html
Business Travel Accident insurance and International Travel Assistance Services.
Transit Coverage – MIT property only
- Domestic Shipments – Domestic shipments of all MIT owned property is automatically covered by MIT’s property insurance policy on a blanket basis without any additional charge to departments.
- Foreign Shipments – DLCs should either obtain transit coverage from MIT’s Insurance Office for international shipments valued in excess of $25,000, or procure the coverage from the shipper.
For additional information regarding MIT property and casualty insurance coverage or claims reporting, please see the Insurance Office website at: http://controllers.mit.edu/site/content/view/full/394 or contact the Insurance Office.
Q: How do I get permission to use MIT trademarks or logos on collegiate logo goods such as apparel, hats and mugs?
A: You should direct all questions regarding licensing of MIT’s trademarks for use on goods to Peter Bebergal in the Technology Licensing Office. MIT-related entities are not charged a licensing fee for use of the trademarks. Outside entities should review the Technology Licensing Office website to get more information about MIT’s trademark licensing program.
Q: How do I get permission to film or photograph on campus?
A: You should direct all questions regarding filming or photographing on MIT’s campus to Mary Anne Hansen in the News Office and Tena Herlihy in OGC.
Q: How do I get permission to use the MIT name and/or logo (i.e. in connection with any commercial activity, press release, announcement, book, article, or other outside venture)?
A: You should direct all questions regarding Use of MIT names and logos to in Peter Bebergal the Technology Licensing Office.
Q: What if I want to include the name of a company or a link to a company’s website on a MIT website?
A: You should direct all inquiries related to use of company names on MIT websites to Peter Bebergal in the Technology Licensing Office.
Q: Can my dorm sponsor regular movie nights?
A: Dorms can not host movie nights without first obtaining a license for each film. If a group of students from a particular dorm get together on a spontaneous basis to watch a movie, that is fine, but if your dorm wants to host regular movie nights or put out an open invitation to all of the dorm residents as part of regular programming, it will need to get a license from a film distributor and pay the required license fee. Any viewing in a dorm that is advertised in advance would require a license.
If there is an educational component to showing the film, a dorm may sponsor a movie if you meet the following two criteria:
- Your film or film series must not be open to the general public. Organizers can email a club or dorm’s membership list and invite them to watch the film or film series. However, public (including online) advertisements for the event are not permitted.
- The educational component must be significant. It must be part of a matriculated class or workshop (not necessarily credit-bearing), and there should be a well-developed theme and/or presentation that accompanies the viewing.
For more information, visit the student life program at http://studentlife.mit.edu/content/dsl-environmental-health-and-safety-ehs
Q: Can I include previously published materials that I wrote in my thesis or on my website?
A: Students frequently want to incorporate into their thesis, articles they authored that have been published in academic journals or other publications. In most cases, the article was always intended to be a chapter in the student’s thesis. Even though you are the author of the work you want to include in your thesis or post on your personal website, you will probably need to obtain permission from the publisher. Whether this is the case depends upon the terms of your agreement with the publisher.
The first thing to do is look at the agreement the publisher had you sign. If you do not have a copy, get a copy from the publisher. It is possible the agreement reserved for you the right to use, copy, or reproduce the article for your own academic use, in which case you could include the article in your thesis without further permission.
It is more likely, though, that the agreement with the publisher transferred copyright in the article from you to the publisher. If this is the case, then you will need to contact the publisher to request permission to include that article in your thesis. Academic journals are generally willing to grant permission to reuse the materials when they will be incorporated into a thesis being written by the author of the article in question.
If you do need a publisher's permission, you can use this sample permissions letter to send to the publisher. After downloading the document, simply replace all of the bold information with the appropriate information, and send the letter to either the publisher's permissions department. You may want to contact the editor you worked with, as he or she will likely be able to pass your request on to the appropriate department.
Q: What should I do if I receive a DMCA notice from MIT?
A: If you receive a DMCA notice, the first thing you should do is read the entire notice. You will find this attached at the end of the e-mail message you receive from MIT’s DMCA agent or designee. Then follow the instructions on the IS&T Copyright page at: http://ist.mit.edu/about/it-policies.
Q: What should I do if a company asked me to sign a confidentiality agreement?
A: Who to contact if you have been asked to sign a nondisclosure or confidentiality agreement depends upon the nature of the relationship with the company presenting the NDA. If the NDA is in connection with your review of equipment or software before making a purchase on behalf of MIT, the OGC is the office to contact. If the NDA relates to MIT research, you should contact your Contract Administrator in the Office of Sponsored Programs. If the agreement relates to an MIT invention, you should contact Thomas O'Keefe in the Technology Licensing Office. If the agreement is connected with consulting work that you perform, you will need to speak to a personal attorney as the OGC does not provide legal advice or representation to MIT community members in connection with personal legal issues.
Q: How can I get assistance with a contract?
A: You should direct all questions regarding contracts to Margaret W. Brill, Counsel in the OGC.
Q: Who can sign a contract on behalf of MIT?
A: Only a few people at MIT have signing authority. Who to contact if you need a contract signed depends upon the nature of contract. You should contact MIT’s Procurement Office if you are buying equipment, software, consulting services, or any other type of purchase on MIT’s behalf; the Office of Sponsored Programs if the contract relates to a research program or proposed research collaboration; or the Technology Licensing Office if the contract relates to the acquisition of biological or other materials needed for your research (for example, a material transfer agreement). If it is unclear who to contact, the OGC would be happy to assist you in making that determination.
Before you pass the contract on to the appropriate office for review, you should first read the contract carefully to identify any terms you think may be inconsistent with your goals. MIT may need to make modifications to the contract before it is signed, especially if it contains any of the following terms: indemnification by MIT, liability limitations, restrictions on publication, use restrictions inconsistent with your intended use.
Q: Where can I get more information about traveling on MIT business?
A: The MIT Travel Risk Policy, travel forms for students and faculty, and current Travel Warnings can be found at http://informit.mit.edu/epr/3.0travel.html
Q: How can I get assistance with personal legal problems such as issues with my landlord?
A: The OGC can only provide legal services and counseling on MIT matters. For all personal legal issues, refer to Personal Legal Resources.
Q: What is the process to obtain a Power of Attorney for the import or export of materials or equipment?
A:
Imports
MIT has a broker of record for transactions involving imports. E. Sidney Stockwell Company, Inc., 607 North Ave., Building 16 2nd floor, Wakefield, MA 01880. The contact person is Tom Auffrey, 339-203-4276. E. Sidney Stockwell has Power of Attorney to accept imported materials and equipment on MIT’s behalf. There is no need to involve a separate broker or to provide the shipper with a Power of Attorney.
Exports
Export control laws may apply. The Office of Sponsored Programs administers export control laws for the Institute. Please contact Jennifer Ponting, MIT’s Export Control Officer, (617) 253-2822.
Temporary exports
A Carnet (temporary export document) may facilitate passing through Customs and eliminate customs duties or value added taxes for the international shipment of the same equipment or materials within a one-year period. A power of attorney is required by the broker of record for the United States Council for International Business, (Carnet issuing agency) which may be signed by an authorized representative of the DLC.
Please refer to the Procurement Office website for additional information on how to manage transactions involving imports or exports: http://controllers.mit.edu/site/procurement/policies_procedures/import_export _polices_procedures
Q: How can I get a document notarized?
A: There are a number of notary publics on the MIT campus. Please follow this link to a list of people who are currently able to notarize documents. Please note that you should call in advance to make an appointment with any of the people on the list.