DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

 

This page is archived for historical purposes. The Conversations Network ceased operation of its websites as of the end of 2012.

 

The Conversations Network, Inc. ("Conversations Network") has adopted the following general policy toward copyright infringement with regard to all of the web sites it owns and operates (collectively "Sites") in accordance with the Digital Millennium Copyright Act [PDF]. The address of Conversations Network's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is Conversations Network's policy to (1) block access to or remove any content (including, without limitation, user submissions or comments) (collectively, "Content") that it believes in good faith to be copyrighted material that has been illegally copied and submitted or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS:

If you believe that Content residing on or accessible through the Sites infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. Identification of the copyrighted work that you claim has been infringed on or through the Sites, including the copyright registration number for any such work if applicable;
  2. Identification of the Content that you claim has infringed on the identified copyrighted work, including (a) a description of how the material in question is using the copyrighted work in a way that constitutes copyright infringement, and (b) a description of where the material in question is located on or in the Sites, with sufficient detail that we may verify the existence of the material within the Sites;
  3. Your contact information, including your full name, mailing address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright holder, its agents, or the law;
  5. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder; and
  6. An electronic or physical signature of the person authorized to act on behalf of the copyright holder.

B. ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:

It is Conversation Network's policy:

  1. to remove or disable access to the allegedly-infringing Content;
  2. to notify the user or submitter whose Content has been removed or disabled; and
  3. that repeat offenders will have the allegedly-infringing Content removed from the Sites and that Conversations Network will terminate such user's ability to submit Content to the Sites.

C. PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:

If the notified-user believes that the Content that was removed or to which access was disabled is either not infringing, or the user believes that he or she has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law (including as a fair use), the notified-user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. Identification of the Content that has been removed or disabled, including a description of the where the material in question appeared on the Sites before it was removed or disabled;
  2. A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification of the Content in question;
  3. Your contact information, including full name, mailing address, telephone number, and email address;
  4. A statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Conversations Network is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
  5. Your electronic or physical signature.

If a counter-notice is received by the Designated Agent, Conversations Network may send a copy of the counter-notice to the original complaining party informing that party that Conversations Network may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Conversations Network's discretion.

Please contact Conversations Network's Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

	Chris Butler (Designated Copyright Agent)
	c/o Internet Archive
	300 Funston Ave
	San Francisco, CA 94118 US
	fax: +1 415.840.0391
	email: butler@archive.org

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content on, or made available through, the Sites is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.