Digital Millenium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Thank you for visiting our website (the “Website”). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at firstname.lastname@example.org.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millenium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement –
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
- 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;
Please send your Claim of Infringement to: email@example.com
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of Swing.
Claim of Infringement Counter-Notification –
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
- Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
- Your full name, address, telephone number, and email address;
- The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant";
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, Swing, is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Swing's system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
Swing is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions –
In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
- A statement indicating that you are retracting your Copyright Infringement Notification;
- The complete and specific URL of the material in question;
- An electronic signature; and
- A copy of your original Copyright Infringement Notification.
Repeat Offenders –
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.
Jeffrey J. Douglas, A Professional Corporation
1717 Fourth Street, Third Floor
Santa Monica, CA 90401-3319