Post by: Charles on 08/22/07, 09:57 PM
Digital Millennium Copyright Act:
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.
Turns All Year takes allegations of copyright infringement very seriously. If you believe in good faith that Turns All Year is the hosting service provider of material that infringes your copyright, you may submit a written notification of claimed infringement to Turns All Year's Designated Agent:
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of copyright claims under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service providerís designated agent. A valid counter notification is a written communication that incorporates the following elements:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
This information should not be construed as legal advice. We advise that you seek independent legal counsel before filing a notification or counter-notification.
For further information about the DMCA, please visit the Web site of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp