DMCA Notice & Takedown Policy and
Procedures
This website (“SITE”) qualifies as a “Service
Provider” within the meaning of 47 U.S.C. § 512(k)(1) of
the Digital Millennium Copyright Act (“DMCA”).
Accordingly, it is entitled to certain protections from claims of
copyright infringement under the DMCA, commonly referred to as the
“safe harbor” provisions. We respect the intellectual
property of others, and we ask our users to do the same.
Accordingly, we observe and comply with the DMCA, and have adopted
the following Notice and Takedown Policy relating to claims of
copyright infringement by our customers, subscribers or users.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Our Designated
Copyright Agent (identified below) with the following information:
(a) an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
(b)
description of the copyrighted work or other intellectual property
that you claim has been infringed;
(c) a description of where the material
that you claim is infringing is located on the SITE (preferably
including specific url’s associated with the material);
(d) your address, telephone number, and
email address;
(e) a statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and,
(f) a statement by you, made under
penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property
owner’s behalf.
You
may send your Notice of Claimed Infringement to:
Lawrence
G. Walters, Esq.
Walters
Law Group
781 Douglas Avenue
Altamonte Springs, FL
32714
Fax: (407) 774-6151
Email:
Notice [at] DMCANotice [dot] com
Please
do not send other inquires or information to our Designated Agent.
Abuse Notification: Abusing the DMCA Notice procedures set
forth above, or misrepresenting facts in a DMCA Notice or
Counter-notification, can result in legal liability for damages,
court costs and attorneys fees under federal law. See; 47
U.S.C. § 512(f).
These Notice and Takedown Procedures only apply to
claims of copyright infringement by copyright holders and their
agents – not to any other kind of abuse, infringement or legal
claim. We will investigate and take action against anyone abusing
the DMCA notification or counter-notification procedure. Please
ensure that you meet all of the legal qualifications before
submitting a DMCA Notice to our Designated Agent.
Take Down Procedure
The SITE implements the following “notification and takedown”
procedure upon receipt of any notification of claimed copyright
infringement. The SITE reserves the right at any time to disable
access to, or remove any material or activity accessible on or from
any SITE or any Materials claimed to be infringing or based on facts
or circumstances from which infringing activity is apparent. It is
the firm policy of the SITE to terminate the account of repeat
copyright infringers, when appropriate, and the SITE will act
expeditiously to remove access to all material that infringes on
another’s copyright, according to the procedure set forth in 17
U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”).
The SITE’s DMCA Notice Procedures are set forth in the
preceding paragraph. If the notice does not comply with §512 of
the DMCA, but does comply with three requirements for identifying
sites that are infringing according to §512 of the DMCA, the
SITE shall attempt to contact or take other reasonable steps to
contact the complaining party to help that party comply with the
notice requirements. When the Designated Agent receives a valid
notice, the SITE will expeditiously remove and/or disable access to
the infringing material and shall notify the affected user. Then, the
affected user may submit a counter-notification to the Designated
Agent containing a statement made under penalty of perjury that the
user has a good faith belief that the material was removed because of
misidentification of the material. After the Designated Agent
receives the counter-notification, it will replace the material at
issue within 10-14 days after receipt of the counter-notification
unless the Designated Agent receives notice that a court action has
been filed by the complaining party seeking an injunction against the
infringing activity. The SITE reserves the right to modify, alter or
add to this policy, and all users should regularly check back to
these Terms and Conditions to stay current on any such changes.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement ("Notice")
believes that the Notice is erroneous or false, and/or that allegedly
infringing material has been wrongly removed in accordance with the
procedures outlined above, the Recipient is permitted to submit a
counter-notification pursuant to Section 512(g)(2)&(3) of the
DMCA. A counter-notification is the proper method for the Recipient
to dispute the removal or disabling of material pursuant to a Notice.
The information that a Recipient provides in a counter-notification
must be accurate and truthful, and the Recipient will be liable for
any misrepresentations which may cause any claims to be brought
against the SITE relating to the actions taken in response to the
counter-notification.
To submit a counter-notification, please provide Our Designated
Copyright agent the following information:
(a): a specific description of the material that was removed or
disabled pursuant to the Notice;
(b) a description of where the material was located within the SITE
or the Content before such material was removed and/or disabled
(preferably including specific url’s associated with the
material);
(c) a statement reflecting the Recipient's belief that the removal or
disabling of the material was done so erroneously. For convenience,
the following format may be used:
“I swear, under penalty of perjury, that I have a good faith
belief that the referenced material was removed or disabled by the
service provider as a result of mistake or misidentification of the
material to be removed or disabled.”
the
Recipient's physical address, telephone number, and email address;
and,
(e) a statement that the Recipient consents to the jurisdiction of
the Federal District Court in and for the judicial district where the
Recipient is located, or if the Recipient is outside of the United
States, for any judicial district in which the service provider may
be found, and that the Recipient will accept service of process from
the person who provided the Notice, or that person’s agent.
Written notification containing the above information must be signed
and sent to:
Lawrence G. Walters, Esq.
Walters Law Group
781 Douglas Ave.
Altamonte Springs, FL 32714
Fax: (407) 774-6151
Notice [at] DMCANotice [dot] com
Do not send any other information or
material to the DMCA Agent.
After receiving a DMCA-compliant counter-notification, Our Designated
Copyright Agent will forward it to Us, and We will then provide the
counter-notification to the claimant who first sent the original
Notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-14) days of Our receipt of a
counter-notification, We will replace or cease disabling access to
the disputed material provided that We or Our Designated Copyright
Agent have not received notice that the original claimant has filed
an action seeking a court order to restrain the Recipient from
engaging in infringing activity relating to the material on the
SITE’s system or network.
Service Provider Customers or Subscribers
In the event that the alleged infringer identified in an intended
DMCA Notice is, itself, operating as a “Service Provider”
within the meaning of 47 U.S.C. § 512(k)(1), the SITE requests
that any such DMCA Notices relating to alleged infringement by third
party users, customers or subscribers of such service providers be
submitted directly to the DMCA Agent designated by the service
provider instead of the SITE.
Modifications to Policy
The SITE reserves the right to modify, alter or add to this policy,
and all affected persons should regularly check back regularly to
stay current on any such changes.
This document prepared by Walters Law Group,
www.FirstAmendment.com
(© 2010). All rights reserved.
