Re: Brinks Copyright Documents

It seems to me that this is a completed form showing who is temporarily authorized to be the person to contact or be contacted for claimed infringement issues. Seems like the person listed is a lawyer that got her JD in 1999 and lives in Irving, Texas.

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Notification of claimed infringement If an infringement has occurred a copyright holder may send a written notification of claimed infringement to the designated agent. This must include the following (512(c)(3)(A)(i-vi)):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) 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. (iii) 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. (iv) 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. (v) 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. (vi) 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. See 512(a) and (h) below if the information is not stored on the system of the OSP but is instead on a system connected to the internet through it, like a home or business computer connected to the internet. Legal liability may result if access to material is disabled or identity disclosed in this case.

If a notice which substantially complies with these requirements is received the OSP must expeditiously remove or disable access to the allegedly infringing material (512(c)(1)(C)). So long as the notice substantially complies with clauses (ii), (iii), and (iv) the OSP must seek clarification of any unclear aspects (512(c)(3)(B)(ii)). It is prudent to seek clarification in all cases.

After the notice has been complied with the OSP must take reasonable steps to promptly notify the alleged infringer of the action (512(g)(2)(A)). Note that the OSP is not prohibited from doing so in advance, only required to do so afterward. If there is a counter notification from the alleged infringer, the OSP must respond appropriately to it.

If the OSP complies with this and the counter notification procedures, it is safe from legal liability to its own customer as a result of taking down the material.

"Jim Rojas" wrote in message news:471a6516$0$20560$ snipped-for-privacy@roadrunner.com...

Does anyone know what these documents are referring to? > > Thanks > > Jim Rojas > >
Reply to
Roland Moore
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Normally, distibuting copyrighted material is infringement, just the same as copying. The large ISPs were concerned that they might be held liable for copyright infringement because one of their customers uploaded a movie or a song and ten thousand other people downloaded it.

So, the law contains a "safe harbor" provision that says the ISP isn't liable if they remove the unauthorized material when requested to do so. Copyright owners need a way to contact the right person with these remove requests, so the Copyright Office maintains a list, which is what this form is for.

In addition to ISPs, other users of other people's material like TV stations also sign up for the list. Brink's is probably just looking for a little insurance, in case they post someone else's copyrighted material and the owner of that material complains.

Reply to
Nomen Nescio

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