Digital Millennium Copyright Act
Notice to the Company of Alleged Copyright Infringement
The Company respects the copyrights of others.
If you are a copyright owner or an agent thereof and have a good faith belief that any Third Party Submission or other content on the Company’s website or platform (the “Website”) infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Company’s designated copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 Company to locate the material;
- Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s designated Copyright Agent to receive notifications of claimed infringement is:
The notice must be sent by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and sent to the Company by email to the attention of Dave Gullo, DMCA Copyright Agent, at the following email address, firstname.lastname@example.org, with the subject line “DMCA Complaint”. You may also send notice using the following address: Videate, Inc., Attention: Dave Gullo, 132 Stonehouse Drive, Liberty Hill, Texas, 78642, USA.
NOTE: Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to email@example.com. You acknowledge you understand that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid and the Company may not process your complaint.
Upon receipt of a notice which complies with all of the requirements set out above, the Company will review and consider the content of the notice and the complaint it contains. If the Company removes Website content or disables Website access as a result of its consideration of your notice, please be advised that the Company may notify the owner or administrator of the affected site or content to that effect and to advise such person that he/she/it can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees).
For any questions regarding the Company’s DMCA process as set out above, please contact the Company at: firstname.lastname@example.org.
Counter-Notice to a Notice to the Company of Alleged Copyright Infringement
If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing any copyright, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Company’s Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts of Texas in the United States of America, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company’s Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, at the Company’s sole discretion, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
© 2020 Videate, Inc.
Last Updated: July 31, 2020