It is our policy to expeditiously respond to clear notices of alleged
copyright infringement that comply with the United States Digital
Millennium Copyright Act (DMCA). This page describes the information
that should be present in these notices. It is designed to make
submitting notices of alleged infringement to DM2PRO and DM2Media as straightforward as possible while reducing the
number of notices that we receive that are fraudulent or difficult to
understand or verify. The form of notice specified below is consistent
with the form which can be found at
the U.S. Copyright Office Web Site, http://www.copyright.gov, but we
will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the DM2PRO site will comply
with applicable copyright laws. However, if DM2PRO receives proper
notification of claimed copyright infringement, our response to these
notices will include removing or disabling access to material claimed
to be the subject of infringing activity and/or terminating
subscribers, regardless of whether we may be liable for such
infringement under United States law or the laws of another
jurisdiction.
If we remove or disable access in response to such a notice, we will
make a good-faith attempt to contact the owner or administrator of the
affected site or content so that they may make a counter notification
pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also
document notices of alleged infringement on which we act.
Designated Agent
DM2PRO's Designated Agent to receive notification of alleged infringement under the DMCA is:
Melinda Gipson
Email: melinda (at) dm2media.com
Physical Mail: 623 Burberry Ter. SE, Leesburg, VA 20175
Upon receipt of proper notification of claimed infringement, DM2PRO
will follow the procedures outlined herein and in the DMCA.
Infringement Notification
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide DM2PRO's Registered Agent (listed
above) the following information in a written communication (preferably
via email):
- 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 DM2PRO to locate the material;
- Information reasonably
sufficient to permit DM2PRO to contact the complaining party, such as
an address, telephone number, and, if available, an email address at
which the complaining party may be contacted;
- The following
statement: "I 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";
- 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"; and
- A physical or electronic signature of the owner or a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Please note that you may be liable for damages (including costs and
attorneys' fees) if you materially misrepresent that material is
infringing your copyrights. Accordingly, if you are not sure whether
material available online infringes your copyright, we suggest that you
first contact an attorney.
Counter Notification
A provider of content subject to a claim of infringment may make a
counter notification pursuant to sections 512(g)(2) and (3) of the
DMCA. To file a counter notification with us, please provide our
Registered Agent (listed above) the following information in a written
communication (preferably via email):
- 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;
-
Your name, address, and telephone number;
-
The following statement: "I consent to the jurisdiction of Federal
District Court for the [insert the federal judicial district in which
your address is located]";
-
The following statement: "I will accept service of process from [insert
the name of the person who submitted the infringement notification] or
his/her agent";
-
The following statement: "I swear, under penalty of perjury, that I
have a good faith belief that the affected material was removed or
disabled as a result of a mistake or misidentification of the material
to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, DM2PRO will promptly
provide the person who provided the original infringement notification
with a copy of the counter notification, and inform that person that DM2PRO will replace the removed material or cease disabling access to
it in 10 business days. DM2PRO will replace the removed material and
cease disabling access to it not less than 10, nor more than 14,
business days following receipt of the counter notice, unless our
Designated Agent first receives notice from the person who submitted
the original infringement notification that such person has filed an
action seeking a court order to restrain the subscriber from engaging
in infringing activity relating to the material on our system or
network.
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, the CMLP will, in
appropriate circumstances, disable and/or terminate the accounts of
users who are repeat infringers.
Accommodation of Standard Technical Measures
It is DM2PRO's policy to accommodate and not interfere with standard
technical measures used by copyright owners to identify or protect
copyrighted works that DM2PRO determines are reasonable under the
circumstances.
Copyright (c) DM2PRO 2009, All rights reserved.