PROCEDURES FOR COPYRIGHT INFRINGEMENT NOTICE
UNDER DIGITAL MILLENNIUM COPYRIGHT ACT SECTION 512*
*Unless otherwise defined herein, all defined terms used herein are as defined in the eCHALK® Master Services Agreement to which these Procedures for Copyright Infringement Notice are linked and incorporated herein by reference.
If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Authorized User’s Contribution or any user-generated content or other materials provided through the eChalk Services, including content on the Website or transmitted through a mobile phone or portable computing device application, infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (‘‘DMCA’’), a copy of which Act may be found at: http://www.copyright.gov/legislation/dmca.pdf.
Based on the Act, your copyright notice to eChalk (“DMCA Copyright Notice”) should contain the items set forth below in an email to eChalk’s designated eChalk DMCA Copyright Agent at email@example.com
or fax with confirmation of transmission or by registered U.S. Mail to the physical address set forth below.
Notice of Alleged Copyright Infringement
Pursuant to DMCA § 512 (17 U.S.C.S. § 512 (1998))
1. Identify the material comprising your copyrighted work that you claim has been infringed; if multiple copyrighted works are covered by this DMCA Copyright Notice - you may attach a representative list of each copyrighted work that you claim has been infringed.
2. Identify (i) the material that you claim is infringing (or is the subject of infringing activity) and that you are asking eChalk to remove by this Notice or access to which you are asking eChalk to disable, and a link, screen shot or other reasonably sufficient information to permit eChalk to find the material on the eChalk Services, including at a minimum, if applicable, the URL of the link shown on the Website or mobile application where such material may be found, and (ii) the reference or link to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and reasonably sufficient information to permit us to locate that reference or link.
3. Provide your contact information: mailing address, telephone number, and email address.
4. Include both of the following statements as the last two paragraphs of the text of the Notice:
a. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
b. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive intellectual property right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature, as the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Deliver this Notice, via email or fax or by mail as noted above with all items completed, to eChalk’s designated eChalk DMCA Copyright Agent:
eChalk DMCA Copyright Agent
25 Broadway, 9th Floor
New York, New York 10025
Facsimile: (866) 662-5078
For clarity, only DMCA notices should go to the eChalk DMCA Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to eChalk user support services through Support@echalk.com You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA Copyright Notice may not be valid.
If you receive a notification that your Contribution or User-generated content provided through the eChalk Services, including on the Website has been removed due to a claim of copyright infringement in a DMCA Copyright Notice, it means that the Contribution’s content has been deleted from the eChalk Services at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to post new content on the eChalk Services, and your account may be disabled completely.
If you believe user-generated content, comprising a content Contribution you posted or submitted was removed in error, you have the option to file a counter-notice (“Counter-Notice”) by following the steps below. Upon receipt of a valid Counter-Notice, we will forward a copy to the person who filed the original DMCA Copyright Notice. If we do not receive notice within 10 business days that the submitter of the original claims in their DMCA Copyright Notice is seeking a court order to prevent further infringement of the content at issue, we will remove the claim and the DMCA Copyright Notice from your account's record, and we may, but are not obligated to, replace the content Contribution that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a Counter-Notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
1. Deliver your Counter-Notice via email with all items completed, to the eChalk DMCA Copyright Agent: firstname.lastname@example.org
2. Include ALL of the following:
a. Your name, address, and telephone number.
b. DMCA ID printed at the bottom of the DMCA Copyright Notice email.
c. Copy and paste the link in the DMCA Copyright Notice email, to provide the source address of the Contribution that was removed.
d. A statement under penalty of perjury that you have a good faith belief that the Contribution was removed in error.
e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which eChalk may be found, and that you will accept service of process from the person who provided the original complaint under DMCA Copyright Notice or an agent of such person.
f. A physical or electronic signature (for example, typing your full name).