Perform[cb] respects the intellectual property of others. We do not permit the use, promotion or distribution of copyrighted material without express written consent from the copyright holder, unless permitted by law.
What Is A Copyright?
A copyright protects “original works of authorship” fixed in a tangible medium of expression. This includes literary, dramatic, musical and artistic works, such as computer software and other creative works.
Copyright does not protect facts, ideas, systems or methods of operation, although it may protect the way that these things are expressed. One of the most important qualities needed for a work to receive copyright protection, is originality.
Perform[cb] responds expeditiously to lawful Digital Millennium Copyright Act Takedown Notices, as set forth below.
Learn more about the DMCA here: http://www.copyright.gov/legislation/dmca.pdf
It is best to consult with an attorney before pursuing a copyright claim and submitting a DMCA Takedown Notice or Counter-Notice.
What is a DMCA Takedown Notice?
A DMCA Takedown Notice is an allegation of copyright infringement filed by a complaining party in accordance with the requirements of the DMCA notice-and-takedown procedures. For example, a purported copyright owner might send a Takedown Notice to Perform[cb] asking us to remove or disable content that has been posted on our network.
Who can send a DMCA Takedown Notice to Perform[cb]?
Only the copyright owner or an authorized representative can submit a DMCA Takedown Notice. Please note that a complaining party may be liable for damages (including costs and legal fees) if they materially misrepresent that copyright infringement has occurred.
What is Perform[cb]’s DMCA Takedown Policy?
Perform[cb] is not the arbiter of a complaining party’s allegations. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the DMCA.
Perform[cb]'s policy is designed to simplify the process of submitting notices of alleged infringement. The form of notice specified below is consistent with the form suggested by the DMCA.
Perform[cb] expects that all users of any part of the network will comply with applicable copyright laws.
If Perform[cb] removes or disables access in response to a Takedown Notice, we shall make a good-faith attempt to contact the owner or administrator of the allegedly infringing content so that they may make a Counter-Notice pursuant to the DMCA. We shall also forward the owner or administrator of the complained-of content a copy of the DMCA Takedown Notice.
What does a DMCA Takedown Notice Look Like?
If you believe that your content has been copied in a way that constitutes copyright infringement please provide Perform[cb] with the following information in a written communication, preferably via email to firstname.lastname@example.org:
- Detailed identification of the copyright content claimed to have been infringed, or, if multiple copyrighted works at a single online locating are covered by a single notification, a representative list of such works at that site;
- Detailed identification of the content 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 Perform[cb] to locate the material;
- Information reasonably sufficient to permit Perform[cb] to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- The following statement: “I have a good faith belief that use of the content 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.
A DMCA Takedown Notice must comply with the form outlined above. Please note that this procedure is exclusively for notifying Perform[cb] of copyright infringement.
A complaining party may be liable for damages (including costs and legal fees) if they materially misrepresent that copyright infringement has occurred. If a complaining party is uncertain whether copyright infringement has occurred and/or may be considering submitting a DMCA Takedown Notice, we suggest that you first contact an attorney.
What is a DMCA Counter-Notice?
If an owner or administrator disputes the allegations contained within a Takedown Notice and believes them to be unjustified, the DMCA provides a right to file a Counter-Notice and request that Perform[cb] cease disabling access to the disputed content. The counter notification procedure is designed to provide protection from baseless claims of copyright infringement.
There is no specific time limit for submitting a Counter-Notice, however one should not delay unreasonably in doing so.
Who can send a DMCA Counter-Notice to Perform[cb]?
An owner or administrator of complained-of content that receives a DMCA Takedown Notice can submit a DMCA Counter-Notice. Before you send a Counter-Notice, carefully consider whether you are in fact infringing the complaining party’s copyright. A baseless Counter-Notice can trigger a lawsuit and result in liability for damages (including costs and legal fees).
It is best to consult with an attorney prior to submitting a DMCA Counter-Notice.
What is Perform[cb]’s DMCA Counter-Notice Policy?
Perform[cb] expects that all users of any part of the network will comply with applicable copyright laws. However, if Perform[cb] receives a properly drafted and compliant Counter-Notice, we will make a good-faith attempt to contact the complaining party and forward a copy of the Counter-Notice.
We shall also attempt to inform the complaining party that Perform[cb] will cease disabling access to the subject content not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless Perform[cb] first receives notice from the complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity relating to the disputed content.
Should the complaining party initiate legal proceedings, Perform[cb] will not re-activate the disputed content unless and until a court order has been issued, in your favor.
What does a DMCA Counter-Notice Look Like?
If you dispute the allegations contained within a Takedown Notice and believe them to be unjustified, please provide Perform[cb] with the following information in a written communication, preferably via email to email@example.com:
- 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 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 content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and
- Your signature, in physical or electronic form.
A DMCA Counter-Notice must comply with the form outlined above. Please note that this procedure is exclusively for notifying Perform[cb] of bogus copyright infringement allegations.
The DMCA creates liability for a wrongful Counter-Notice, including damages. It is best to consult with an attorney prior to submitting a DMCA Counter-Notice.
What are the consequences for knowingly making false claims in a DMCA takedown notice or counter-notice?
The DMCA creates liability for knowingly making false claims in a Takedown Notice or Counter-Notice.
Material misrepresentations of copyright infringement contained within a Takedown Notice can result in an award of damages and attorneys’ fees against the complaining party. Material misrepresentations of non-infringement contained within a Counter-Notice can also result in an award of damages.
It is always best to consult with an attorney prior to submitting a DMCA Takedown Notice or Counter-Notice.
What happens if this Copyright Policy is violated?
- Ad disapproval: Advertising content that does not follow this Copyright Policy may be denied until the respective violation has been remedied and the content is approved.
- Domain disabling: We may suspend websites that violate this Copyright Policy, meaning that the website can no longer be advertised with Perform[cb] until the problem is remedied.
- Account suspension: An account may be suspended as a result of several Copyright Policy violations, or one serious violation, in our sole discretion. In the event of account suspension, all advertising content contained in and associated with the suspended account will cease running, and Perform[cb] may no longer accept advertising content from the offending party. Any related accounts may also be permanently suspended, and new accounts may be automatically suspended, at set-up.
How can Perform[cb] be contacted?
If you have questions about this Copyright Policy, you may contact Perform[cb] via email at firstname.lastname@example.org.
THIS COPYRIGHT POLICY IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE, NOR SHOULD IT BE RELIED UPON, AS LEGAL ADVICE. ALWAYS SEEK THE ADVICE OF AN ATTORNEY WITH ANY INTELLECTUAL PROPERTY RELATED LEGAL CONCERNS.