Digital Millennium
Copyright Act
NexGenAccess is committed to
complying with
This information should not
be construed as legal advice to our Members or Visitors. If you believe that
your copyrights have been infringed, or if a notice of copyright infringement
has been filed against you, we advise that you seek legal counsel. We are
providing the following information to you for informational purposes only.
Notification of Claimed
Copyright Infringement
If you believe that a Web
page hosted by NexGenAccess is violating your rights under U.S. copyright
law, you may file a complaint of such claimed infringement with NexGenAccess's
designated agent in the manner, legal@nexgenaccess.com.
For your
complaint to be valid under the DMCA, you must provide the following
information when providing notice of the claimed copyright infringement:
a. |
A physical or electronic signature of a person authorized
to act on behalf of the copyright owner |
b. |
Identification of the copyrighted work claimed to have
been infringed |
c. |
Identification of the material that is claimed to be
infringing or to be the subject of the infringing activity and that is to be
removed or access to which is to be disabled as well as information
reasonably sufficient to permit NexGenAccess to locate the material |
d. |
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 |
e. |
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 law |
f. |
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 |
(For more
details on the information required for valid notification, see 17 U.S.C.
512(c)(3).)
You should be aware that,
under the DCMA, claimants who make misrepresentations concerning copyright
infringement may be liable for damages incurred as a result of the removal or
blocking of the material, court costs, and attorneys fees.
Counternotification to Claimed Copyright Infringement
If a notice of copyright infringement
has been filed against you, you may file a counternotification
with NexGenAccess' designated agent at the address listed above. Such counternotification must contain the following information:
a. |
Physical or electronic signature |
b. |
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 |
c. |
A statement under penalty of perjury that the Member has a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification |
d. |
Your name, address, and telephone number, and a statement
that you consent to the jurisdiction of the federal district court for the
federal district in which you are located, and that you will accept service
of process from the complainant |
If
NexGenAccess receives a valid counter notification, the DMCA provides that the
removed material will be restored, or access re-enabled.
Please be advised that U.S.
copyright law provides substantial penalties for a false counter notice filed
in response to a notice of copyright infringement.
Rev. 08/02/2004