Copyright Infringement Policy - Template, Sample Form Pro · US-law

________

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
(Notice & Takedown Procedure)

Effective Date: ________

§ 1. Introduction and Scope. This Digital Millennium Copyright Act Policy (this “Policy”) governs the website located at ________ (the “Website”), which is owned and operated by ________ (the “Company,” “we,” “us,” or “our”). We respect the intellectual property rights of others and require each user of the Website to do the same. By accessing or using the Website, you agree that you will not upload, post, transmit, or otherwise make available any material that infringes the copyright or other intellectual property rights of any person or entity.

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§ 3. Notification of Claimed Infringement (DMCA Takedown Notice). We take claims of copyright infringement seriously and respond to properly submitted notices expeditiously. If you are a copyright owner, or a person authorized to act on behalf of a copyright owner, and you believe in good faith that material accessible on or through the Website infringes your copyright, you may submit a written notification of claimed infringement (a “Notice”) to our designated DMCA Agent. To be effective under 17 U.S.C. § 512(c)(3), your Notice must include substantially all of the following:

3.1. Identification of the copyrighted work claimed to have been infringed, including a description sufficient to identify the work; if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.

3.2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including the specific URL(s) or exact location where the allegedly infringing material is accessible.

3.3. Information reasonably sufficient to permit us to contact you, including your company affiliation, if applicable, and your mailing address, telephone number, and electronic mail address.

3.4. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

3.5. A statement, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.6. Your full legal name and your physical or electronic signature.

§ 4. Designated DMCA Agent. Notices may be sent to our designated DMCA Agent at the following address:

DMCA Agent Name: ________
Mailing Address: ________
Telephone: ________
Email Address: ________

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§ 6. Counter-Notification Procedure. If you believe that material you posted was removed or disabled by mistake or misidentification, or that you otherwise have the right to post and use such material, you may submit a written counter-notification (a “Counter-Notice”) to our designated DMCA Agent pursuant to 17 U.S.C. § 512(g). To be effective, your Counter-Notice must include substantially all of the following:

6.1. Identification of the specific 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.

6.2. Your full legal name, mailing address, telephone number, email address, and your physical or electronic signature.

6.3. An acknowledgment that you have reviewed and understand this Policy.

6.4. A statement, made 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 of the material to be removed or disabled. You may include a fuller explanation of the basis for that belief.

6.5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which we may be found.

6.6. A statement that you will accept service of process from the person who provided the original Notice, or that person's agent.

§ 7. Restoration of Material. If we receive a valid Counter-Notice, we may forward a copy to the person who submitted the original Notice and inform that person that we may replace the removed material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following our receipt of the Counter-Notice, unless our designated DMCA Agent first receives notice from the original complainant that such person has filed an action seeking a court order to restrain the allegedly infringing activity, all in accordance with 17 U.S.C. § 512(g).

§ 8. Repeat Infringers. In accordance with 17 U.S.C. § 512(i), it is our policy, in appropriate circumstances and at our sole discretion, to disable access to and/or terminate the accounts or privileges of users who are determined to be repeat infringers. A “repeat infringer” means any user who has been the subject of more than one copyright infringement notice, or whom we otherwise determine, in our sole and exclusive discretion, to have repeatedly infringed the intellectual property rights of others.

§ 9. Reservation of Rights; No Indemnification. Nothing in this Policy waives, limits, or restricts any right, claim, or remedy we may have, at law or in equity, against any person who infringes a copyright or who uses the Website to violate the intellectual property rights of others. We do not and will not indemnify, defend, or hold harmless any alleged infringer in any manner whatsoever. We reserve the right to modify this Policy at any time, with such modifications effective upon posting to the Website.

§ 10. Governing Law. This Policy and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of ________ and the applicable federal laws of the United States, without regard to conflict-of-laws principles.