BRUMICON LLC will
respond to allegations of copyright violations in accordance with the Digital
Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright
owner to give notification to an online service provider concerning alleged
copyright infringement. When a valid DMCA notification is received, the service
provider responds under this process by taking down the offending content. On
taking down content under the DMCA, we will take reasonable steps to contact
the owner of the removed content so that a counter-notification may be filed.
On receiving a valid counter-notification, we generally restore the content in
question, unless we receive notice from the notification provider that a legal
action has been filed seeking a court order to restrain the alleged infringer
from engaging in the infringing activity.
Please note that these
notifications and counter-notifications are real-world legal notices provided in
writing. BRUMICON LLC may provide copies of such notices to the participants in
the dispute or third parties, at our discretion and as required by law - the
privacy policy for your account with BRUMICON LLC does not protect information
provided in these notices.
To File a Notification
A written notification
must be made. This can be done by email or written letter (regular mail or
courier). Email notifications must originate from a domain associated with
content owner (e.g. only a Gmail employee could use an
@gmail.com address) and must include your contact name, phone number(s), mailing
address, and return email address. The
notification must:
1.
Identify in sufficient detail the copyrighted work that you
believe has been infringed upon (i.e., describe the work that you own).
2.
Identify the actual content that you claim is infringing on your
copyright, and provide information reasonably sufficient to locate the content.
For example "The allegedly infringing work I am referring to is located at
http:brumicon.com/content under paragraph three."
3.
Provide a reasonably sufficient method of contacting you; phone
number and email address would be preferred.
4.
(Optional) Provide information, if possible, sufficient to permit us to
notify the user(s) who posted the content that allegedly contains infringing
material. You may also provide screenshots or other materials that are helpful
to identify the works in question. (This is for identification only, not to
"prove" substantive claims.)
5.
Include the following statement: "I have good faith belief
that the use of the copyrighted materials described above and contained on the
service is not authorized by the copyright owner, its agent, or by protection
of law."
6.
Include 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."
7.
Sign the document (digital signature recommend for email
notifications)
Please note: The DMCA provides
that you may be liable for damages (including costs and attorneys fees) if you
falsely claim that content is infringing your copyrights. We recommend
contacting an attorney if you are unsure whether content hosted on our
equipment is protected by copyright laws.
Send the written
document to the designated Copyright Agent at Linden Research:
BRUMICON LLC.
Attn: Content Abuse Department
Post Office Box 474
Bonifay, FL. 32425
Alternatively, email the
document to abuse@brumicon.com. In the subject line, please write CONTENT ABUES
REPORT - DMCA NOTIFICATION
To file a counter-notification:
1.
List the content that was removed by BRUMICON LLC
administrators, and the location at which the material appeared before it was
removed. Please identify the content in sufficient detail, and when possible,
the URL.
2.
Provide your name, address, telephone number, email address (if
available).
3.
State that you consent to the jurisdiction of Federal District
Court for the judicial district in which you reside (or Bonifay, Florida if
your address is outside of the United States).
4.
State that you will accept service of process from the person
who provided notification to us of the alleged infringement or an agent of such
person.
5.
State the following: "I swear, under penalty of perjury,
that I have a good faith belief that the material identified above was removed
or disabled as a result of a mistake or misidentification of the material to be
removed or disabled."
6.
Sign the paper.
Send the written
document to the designated Copyright Agent at Linden Research:
BRUMICON LLC.
Attn: Content Abuse Department
Post Office Box 474
Bonifay, FL. 32425
FAQ
How do I make a DMCA notification
or counter-notification?
Please follow
the instructions above precisely, including only the enumerated information.
Inclusion of any information beyond the specifically required information and
optional information listed above could significantly impede review of your
attempted notification. You may find it simplest to cut-and-paste the numbered
items above and use them as headings for the information you are submitting.
How does BRUMICON LLC determine
who "wins" and "loses"?
BRUMICON LLC does
not adjudicate the substance of the copyright claim: we do not declare winners
and losers. Your copyright in an item is determined in the real world, by
real-world processes including the DMCA. The DMCA process allows users of an
online service to resolve copyright disputes using the adjudication systems
available in the real world.
Can I submit my notices over
email?
Unfortunately,
email addresses posted on public website pages quickly become
the target of spam, making it difficult to review legitimate communications. Therefore,
only the originator of the complaint may use an email account as outlined
above. Please submit information as
requested above; if digital files are necessary to identify materials in
question, we can make arrangements for digital delivery.
I don't agree with the required
statements. Do I have to state these things?
We will not
accept notices under the DMCA that do not include the statements required by
the DMCA.
Can you change the DMCA process?
The Digital
Millennium Copyright Act is federal law, passed by the United States Congress. BRUMICON
LLC does not have the power to change congressional acts.
Why is BRUMICON LLC imposing
liability for damages for false claims of copyright infringement?
The liability
for damages for false claims is a provision of the DMCA, which was not written
by BRUMICON LLC. Note that these damages and legal fees can be significant, for
example http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can BRUMICON LLC give me legal
advice concerning my claim?
BRUMICON LLC cannot
provide legal advice to you. If you are uncertain about any legal issues, you
are well-advised to obtain the services of a competent legal professional.
Do you terminate accounts based
on DMCA claims?
If BRUMICON LLC
believes that a user of BRUMICON LLS services is continually abusing the DMCA
process, either with filings that appear to be without basis, or by continually
re-posting content that is the subject of valid DMCA notifications, we may
exercise our right to terminate the abusing party's account. Keep in mind
though, that BRUMICON LLC’s actions still do not determine the substantive
outcome of copyright disputes. Copyright matters are real-world rights,
governed by real-world systems.
Where can I find more information
about the DMCA and other copyright laws?
There are many
available resources on the Internet. BRUMICON LLC is not responsible for the
content provided by these other resources, but we have found the following to
be informative:
A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code is here:
http://www.copyright.gov/title17/92chap5.html
More government-provided information on copyrights can be found here:
http://www.copyright.gov
Many universities maintain useful public information regarding copyrights,
including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/