Notification Policy for Copyright Owners:
Pursuant to the Online Copyright Infringement Liability Limitation Act,
WCFCG is not liable for copyright infringement resulting from the conduct of its
members, subscribers or partners. However, under the Act, WCFCG is required to
promptly remove any material stored on its system or network by its members upon
the proper notification from copyright owners that such material may be
infringing upon valid copyright rights.
Upon removal, WCFCG members, subscribers or partners may file a counter
notification with our designated agent for notification. Upon receipt of a
counter notification, WCFCG shall promptly notify the copyright owner alleging
copyright infringement of the counter notification and inform that person that
WCFCG will replace the removed material or cease disabling access to it in 10-14
business days unless the copyright owner provides notice to WCFCG's designated
agent that such copyright owner has filed an action seeking a court order to
restrain the alleged infringer from engaging in infringing activity relating to
the material on WCFCG's system or network.
Any person who knowingly materially misrepresents that material or activity
is infringing shall be liable for any damages, including costs and attorneys'
fees, incurred by the alleged infringer, any copyright owner or its authorized
licensee, or by WCFCG, who is injured by such misrepresentation, as a result of
WCFCG relying upon such misrepresentations in removing or disabling access to the
material or activity claimed to be infringed, or in replacing the removed
material or ceasing to disable access to it.
For notification to be effective, a copyright owner, or its authorized agent,
must submit a written communication to WCFCG's designated agent containing the
following information:
NOTIFICATION REQUIREMENTS
- 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
WCFCG to locate the material.
- Information reasonably sufficient to permit WCFCG 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.
- 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.
Counter Notification Policy for WCFCG Members, Subscribers or Partners
Pursuant to the Online Copyright Infringement Liability Limitation Act,
WCFCG is not liable for copyright infringement resulting from the conduct of its
subscribers or members. Under the Act,WCFCG is required to promptly remove any
material stored on its system or network by its members upon the proper
notification from copyright owners that such material may be infringing upon
valid copyright rights.
Under the Act, WCFCG is not liable for any claim based on
WCFCG's provider's good
faith disabling of access to, or removal of, material or activity claimed to be
infringing or based on facts or circumstances from which infringing activity is
apparent, regardless of whether the material or activity is ultimately
determined to be infringing. WCFCG will take reasonable steps to promptly notify
the subscriber that it has removed or disabled access to the material.
Upon removal, WCFCG will promptly notify subscribers or members that the
material at issue has been removed or access to the material has been disabled.
Members may file a counter notification with our designated agent for
notification. If the copyright owner does not initiate a lawsuit or legal action
seeking a court order against WCFCG members within 10-14 business days, WCFCG may
put the material back on its system or network and allow access to such
material.
Upon receipt of a counter notification described below,
WCFCG shall promptly
notify the copyright owner providing notice of alleged copyright infringement of
the counter notification and inform that person that WCFCG will replace the
removed material or cease disabling access to it in 10-14 business days unless
WCFCG's designated agent first receives notice from the copyright owner 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 WCFCG's system or
network.
Any person who knowingly materially misrepresents that material or activity
was removed or disabled by mistake or misidentification is liable for any
damages, including costs and attorneys' fees, incurred by the alleged infringer,
any copyright owner or its authorized licensee, or by WCFCG, who is injured by
such misrepresentation, as a result of WCGCG relying upon such misrepresentations
in removing or disabling access to the material or activity claimed to be
infringed, or in replacing the removed material or ceasing to disable access to
it.
For counter notification to be effective, a member/subscriber, or its
authorized agent, must submit a written communication to WCFCG's designated agent
containing the following information:
COUNTER NOTIFICATION REQUIREMENTS
- Counter notification must comply with the Online Copyright Infringement
Liability Limitation Act. To be effective, a counter notification must be a
written communication to our designated notification agent, containing the
following information:
- 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 WCFCG may be found, and that the subscriber will accept
service of process from the person who provided notification under
subsection (c)(1)(C) or an agent of such person.