|
Claims & Copyright Infringement
NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER
INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE,
REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT
RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following
Designated Agent:
Service Provider(s):
Hudson Valley Consortium, Dutchess Community
College
Name of Agent Designated to Receive Notification of
Claimed Infringement:
Dr. Leah Akins
Full Address of Designated Agent to Which
Notification Should be Sent:
Dutchess Community College, 53 Pendell Road, Poughkeepsie,
NY 12601
Telephone Number of Designated Agent:
(845) 431-8421
Facsimile Number of Designated Agent:
(845) 431-8996
Email Address of Designated Agent:
akins@sunydutchess.edu
To be effective, the Notification must include the
following:
- 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 the service provider to locate the material;
- 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 at which the
complaining party may be contacted;
- 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 the law; and
- 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.
Upon receipt of the written Notification containing
the information as outlined in 1 through 6 above:
- Service Provider shall remove or disable access to
the material that is alleged to be infringing;
- Service Provider shall forward the written
notification to such alleged infringer
("Subscriber");
- Service Provider shall take reasonable steps to
promptly notify the Subscriber that it has removed or
disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a
written communication provided to the Service Provider's
Designated Agent that includes substantially the
following:
- A physical or electronic signature of the
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
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 Subscriber's name, address, and telephone
number, and a statement that the Subscriber consents
to the jurisdiction of Federal District Court for the
judicial district in which the address is located, or
if the Subscriber's address is outside of the United
States, for any judicial district in which the Service
Provider may be found, and that the Subscriber will
accept service of process from the person who provided
notification or an agent of such person
Upon receipt of a Counter Notification containing
the information as outlined in 1 through 4 above:
- Service Provider shall promptly provide the
Complaining Party with a copy of the Counter
Notification;
- Service Provider shall inform the Complaining Party
that it will replace the removed material or cease
disabling access to it within ten (10) business days;
- Service Provider shall replace the removed material
or cease disabling access to the material within ten
(10) to fourteen (14) business days following receipt
of the Counter Notification, provided Service
Provider's Designated Agent has not received notice
from the Complaining Party that an action has been
filed seeking a court order to restrain Subscriber
from engaging in infringing activity relating to the
material on Service Provider's network or system.
Dutchess
Community College ¤ 53 Pendell Road ¤ Poughkeepsie, NY
12601 ¤ 845-431-8000
|
 |
|