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Legal Pages: Terms of Use | Privacy Policy | Content Policy | e-sign Consent | Copyright Complaints

 

 

Copyright Complaints

 

1. What is this page?

 

This page describes how you can ask use to remove any copyrighted material that appears on our website and that you own (or that someone for whom you are an agent owns). This page also describes how you can ask us to restore any material we have removed because someone else asked us to remove it. We intend this page to explain, in plain English, how to get us to do something under the Digital Millenium Copyright Act That law is codified in the United States Code at 17 U.S.C. § 512. You can find that law online at http://www.law.cornell.edu/uscode/17/512.html.

 

2. How can you ask for us to remove materials from our website?

 

If you are a copyright owner (or an agent for a copyright owner) and believe that anything another user of our website has uploaded infringes upon your copyright, you may notify us under the Digital Millennium Copyright Act by providing our copyright agent with the information described below. Please see 17 U.S.C § 512(c)(3) for further detail. Our designated copyright agent is Chris Lemens, whom you can reach by mail at 964 Terracotta Drive, by email in care of Joe DeTuno to joe[at]funnelbrain.com, or by fax to (805) 380-4369. You should not send any other kinds of communications to our copyright agent. If you fail to comply with all of the requirements on this page, your notice may not be valid. Your notice must include:

 

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright you claim is being infringed;

  2. identification of the copyrighted work you claim is being infringed or, if you claim that multiple copyrighted works are being infringed, a representative list of those works;

  3. identification of the material that you claim is infringing and that you want us to remove, including enough information for us to locate the material;

  4. enough information for us to contact you, such as your physical address or e-mail address;

  5. a statement that you have a good faith belief that use of the material on our website is not authorized by the copyright owner, its agent, or the law; and

  6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that you claim is being infringed.

 

3. How can you ask us to restore materials removed from our website?

 

If we removed something from our website that you uploaded to our website and you believe either that your uploading it does not infringe or that you have the authorization from the copyright owner, the copyright owner's agent, or under the law to upload it, you may send our copyright agent a counter-notice. If our copyright agent receives your counter-notice, we may send a copy of your counter-notice to whoever originally complained to us informing that person that we may restore your upload in 10 business days. Unless the person who originally complained to use notifies us that it is suing you, we intend to restore your upload in 10 to 14 days after we receive your counter-notice. Your counter-notce muct contain the following information:

 

  1. your physical or electronic signature;

  2. identification of your upload that we removed and the location on our website where your upload appeared before we removed it;

  3. a statement, under penalty ofperjery, that you have a good faith belief that we removed your upload because of mistake or a misidentification of the content;

  4. your name, phtsical address, telephone number, and e-mail address;

  5. a statement that you consent to the jurisdiction of the federal court for your address, and

  6. a statement that you will accept service of process from the person who notified us of the alleged infringement (or an agent of that person).

 

4. What else should you know? Four things:

 

  1. You may be liable for our damages if you falsely tell us that material is infringing or that material or activity was removed by mistake or misidentification. That is codified in the United States Code at 17 U.S.C. § 512(f). You can find that law online at http://www.law.cornell.edu/uscode/17/512.html.

  2. We enforce a policy of terminating the user account of anyone who repeatedly uploads infringing materials to our website.

  3. We intend that our website be used for educational purposes. Because of that intended use, we believe that all materials that are properly uploaded to our website are protected by the Copyright Act's fair use doctrine, which is codified in the United States Code at 17 U.S.C. § 107. You can find that law online at http://www.law.cornell.edu/uscode/17/107.html.

  4. We intend to report all notices that we receive under the Digita Millenium Copyright Act to the ChillingEffects.org database. We do this for two reasons. First, we want to deter copyright infringers from using our site. Second we want to deter false claims of copyright infringement. We believe that making these notices public does both.

 

Last Update

 

This version of this page first appeared on October 27, 2009. You may print this page for your records.


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