Digital Millennium Copyright Act (DMCA) Notice
A DMCA provides a process when a party that suspects a website of copyright infringement may provide notice of the alleged infringement. Under the DMCA, a hosting provider must remove or disable access to potentially infringing content upon receipt of a proper DMCA Copyright Infringement Notice.
Accordingly, The Brand Leader, Inc. (“Company”) will respond appropriately to notices of alleged copyright infringement that comply with the DMCA. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via our website or services, then you may send us proper DMCA Copyright Infringement Notice. Company will only respond to DMCA Notices that it receives by physical mail or e-mail as shown below:
It is often difficult to determine if your copyright has been infringed, therefore, Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing material, Company will notify the person responsible for posting such material that Company removed or disabled access to the material. Company may also provide the responsible person with your contract information including email address so that the person may respond to your allegations.
Company may, at its sole discretion, elect to not respond to DMCA notices that do not substantially comply with DMCA requirements. Company may elect to remove allegedly infringing material that comes to its attention by means that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to legal liability. We may send any information that you provide to us to the person who provided the alleged infringing work. That person may elect to send us a DMCA Counter-Notification. If we receive a proper DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it). Without limiting Company’s other rights, Company may terminate a repeat infringer’s access to the website and any other website owned or operated by the repeat infringer.
A proper DMCA Copyright Infringement Notice must be written, provided to the designated agent above and comply with 17 USC § 512(c)(3) and include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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 an exclusive right that is allegedly infringed.
A proper DMCA Counter Notification must be written, provided to the designated agent above, comply with 17 USC § 512(g)(3) and include substantially the following:
- A physical or electronic signature of the subscriber.
- 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.
- A statement under penalty of perjury that the subscriber has 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.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.