|
Notification of Copyright Infringement / Counter Notification.
Digital Millennium Copyright Act.
Unoriginal.co.uk is an Online Service Provider under Title II of the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 (“DMCA”). Unoriginal.co.uk respects
the legitimate rights of copyright owners, expects its users to do the same,
and has adopted an efficient notice and take down procedure as required by the
DMCA and described herein. This policy is intended to guide copyright owners
in utilizing that procedure, and also to guide users and webmasters in restoring
access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized
to act under any exclusive right under copyright, please report alleged copyright
infringements taking place on or through the Unoriginal.co.uk site by completing
the following notice (“Notice”) and delivering it to Unoriginal.co.uk’s
Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify Unoriginal.co.uk of particular facts in a document
signed under penalty of perjury and delivered to Unoriginal.co.uk’s Designated
Agent. To write a proper Notice, you must provide the following information,
which list comes directly from the DMCA statute:
· 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
the 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 the exclusive right that is allegedly infringed.
When filing an infringement claim, please include any URLs identifying the
allegedly infringing material along with any other information that might assist
the Unoriginal.co.uk Agent’s investigation of your claim.
If the material originates from another website and you believe that Unoriginal.co.uk
has cached that material, then confirm any of the following that apply:
· The material has been removed from the originating site;
· access to the material on the originating site has been disabled;
· a court has ordered that the material be removed from the originating
site; and/or
· a court has ordered that access to the material on the originating
site be disabled.
Failure to include all of the above information may result in a delay in processing
the DMCA Notification. If you materially misrepresent that any material infringes
your copyright interest, you may be liable for damages, including court costs
and attorneys’ fees, and could be subject to criminal prosecution for
perjury.
Deliver this Notice with all items completed to Unoriginal.co.uk’s Designated
Copyright Agent:
By mail:
Stephen K. Rush
ZVUE Corporation, Inc.
539 Bryant St., Ste. 403
San Francisco, CA 94107
By phone: 615-327-7381
By fax: 615-327-0811
By email: copyright@hheld.com
Upon receipt of a valid claim Unoriginal.co.uk will follow the procedures provided
in the DMCA which prescribe a notice and take down procedure, subject to the
user’s or webmaster’s right to submit a Counter-Notification claiming
lawful use of the disabled works. Unoriginal.co.uk will have the disputed material
removed from public view. Unoriginal.co.uk will also notify the user or webmaster
who posted the allegedly infringing material that has been removed or disable
access to that material.
Counter-Notifications.
If you are a Unoriginal.co.uk publisher or webmaster and you feel that the material
you have placed online that has been removed following an infringement complaint
Notification is in fact not an infringement, you may file a Counter-Notification and demand to republish.
Section 512(g)(3) of the DMCA requires that to be valid, the Counter-Notification
must be written and addressed to our Copyright Agent and must provide the following
information taken from the statute:
· A physical or electronic signature.
· 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, and, your demand to republish.
· A statement 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.
· Your name, address, and telephone number, and a statement that you
consent to the jurisdiction of Federal District Court for the judicial district
in which the addressee is located, or if your address is outside the United
States, for any judicial district in which you may be found, and that you will
accept service of process from the person who provided Notification under Subsection
(c)(1)(C) or an agent of such person.
· Once your counter notice has been received by our Designated Agent, our Designated Agent will present your Counter-Notification to the
person who filed the infringement complaint Notice. Once your Counter-Notification, along with your demand to republish,
has been delivered, Unoriginal.co.uk is allowed under the provisions of Section 512
to restore the removed material in not less than ten or more than fourteen days,
unless the complaining party serves notice of intent to obtain a court order
restraining the restoration
Repeat Infringers
It is Unoriginal.co.uk’s policy to terminate users or webmasters who are found
to be repeat infringers. Further, Unoriginal.co.uk has the discretion to handle non-compliant
Notices in whatever manner appears to be reasonable under the given circumstances.
|
