Intellectual Property Policy
It is our policy to respond to notices of alleged infringement with intellectual property laws and the Digital Millennium Copyright Act.
http://www.copyright.gov/
Our response may include removing or disabling access to material claimed to be the subject of infringement and/or terminating a Client’s account, including, but not limited to, termination of a Client’s Website.
If we remove or disable access in response to such a notice, we will attempt to contact the owner of the Website or Content so they may make a counter response. A copy of the notice will be provided to the account owner that provided the allegedly infringing material.
Please note that under the Act you will be liable for damages, including attorney’s fees, if you misrepresent a copyright infringement. If you are not sure whether material available on-line infringes on your copyright, we suggest you obtain legal counsel first.
Notification of Infringement
If you believe your work has been copied in a way that violates your intellectual property rights, please provide us with the following information:
- Identify the copyrighted work or other intellectual property that you claim has been infringed. Include specific URLs or other identifying information.
- Identify the material you claim is infringing on the copyright work in #1. Include specific URLs or other identifying information. Be specific about content and/or images. If you list only an URL, you are claiming the entire page is infringing.
- Provide your contact information including, name, address, telephone number and E-mail address. An E-mail address is preferred. Include your signature or electronic signature.
- Include a statement that you “have a good faith belief that use of the copyrighted material described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign and send to:
43 County Road 370
Oxford, MS 38655
You may also send it by E-mail to copyright at danielwmoore.com.
Counter Notification
The Client or administrator of an affected Website may make a counter notification pursuant to the Digital Millennium Copyright Act. Upon receipt of a proper counter notice, we will provide a copy of the counter notification to the claiming party. We may cease disabling access in 14 days from the date we notify the claiming party unless we receive notification from the claiming party that a lawsuit has been filed in district court within 14 days.
If we block access to an URL to disable the allegedly infringing material, a counter notification will be required before we will cease disabling access to the blocked URL, even if the allegedly infringing material has been removed or disabled and will no longer be shown.
Please note that under the Act you will be liable for damages, including attorney’s fees, if you misrepresent that a product or activity is not infringing the copyright rights of others. If you are not sure whether material available on-line infringes on the copyright of others, we suggest you obtain legal counsel first.
To provide a counter notification, please provide us with the following information.
- Identify the copyrighted work that has been removed or had its access disabled. Include specific URLs or other identifying information.
- Provide your contact information including, name, address, telephone number and E-mail address. An E-mail address is preferred. Please include your signature or electronic signature.
- Include a statement that you will consent to service of process from the person who provided the notification and that you will consent to the jurisdiction of Federal District Court for the district in which your address is located or to an appropriate U.S. judicial body if overseas.
- Include a statement that “I swear, under penalty of perjury, that I have a good faith belief that use of the copyrighted material described above as allegedly infringing was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material described above has been removed or disabled at the URL identified and will no longer be shown.”
- Sign and send to:
43 County Road 370
Oxford, MS 38655
You may also send it by E-mail to copyright at danielwmoore.com.
Account Termination
We may terminate the account of repeat infringers. If you believe that an account holder is a repeat infringer, please notify us with the appropriate information for us to verify that the account holder is a repeat infringer.
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