- 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 SpringCM to locate the material.
- Information reasonably sufficient to permit SpringCM to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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.
- 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.
Written notification must be submitted to SpringCM’s Designated Agent:SpringCM Inc.Attn: Greg Buchholz, Copyright Agent350 N. Orleans Street, Suite 900Chicago, IL 60654Telephone: (312) 881-2018Facsimile: (312) 253-8215E-mail: email@example.comNote: By submitting your notification to SpringCM’s Designated Agent, you represent, under penalty of perjury, that the above information is accurate, that you are the copyright owner or are authorized to act on such person's behalf, and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. In addition, be advised that under U.S. Copyright law, 17 U.S.C. Sec. 512(f) [Misrepresentations], any person who knowingly materially misrepresents in the notification described above that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, e.g., SpringCM, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material.Upon receipt by SpringCM’s Designated Agent of the required notification containing the information as outlined in 1 through 6 above, SpringCM shall take reasonable steps to:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to the alleged infringer (SpringCM subscriber);
- Promptly notify the SpringCM subscriber that SpringCM has removed or disabled access to the material.
Counter Notification: If you are affected by the aforementioned notification of claimed infringement, you may provide a counter notification to SpringCM. To be effective, a Counter Notification must be a written communication provided to SpringCM’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the SpringCM subscriber.
- 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.
- A statement under penalty of perjury that the SpringCM subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The SpringCM subscriber's name, address, and telephone number, and a statement that the SpringCM subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the SpringCM subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the SpringCM subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification from the affected SpringCM subscriber containing the information as outlined in 1 through 4 above, SpringCM shall:
- Promptly provide you (the complaining party) with a copy of the Counter Notification;
- Inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless SpringCM’s Designated Agent first receives notice from you, the complaining party who initially submitted the notification described above, that an action has been filed by you or on your behalf seeking a court order to restrain the SpringCM subscriber from engaging in infringing activity relating to the material on SpringCM’s system or network.
EndUpdated May 15, 2013