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DMCA

by Andy Johnson

Last Modified: June 6, 2020

Outsider Media Network, LLP (“Outsider”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 USC § 512(c)(3), if you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below).

Reporting Claims of Copyright Infringement

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing this form or, in accordance with the DMCA, provide a written notification (“DMCA Notice”) to our Copyright Agent (designated below) containing the following details:

  • Provide your full legal name and your physical or electronic signature;
  • Identify the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  • Adequate identification information by which we can contact you, including your name, postal address, telephone number and, if available, e-mail address);
  • Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Provide your full legal name and your physical or electronic signature;
  • 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 disabled;
  • Adequate identification information by which we can contact you, including your name, postal address, telephone number and, if available, e-mail address);
  • A statement under penalty of perjury by you that you 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; and
  • Statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Outsider reserves the right to define the criteria by which Outsider will determine that a person is a ‘repeat infringer.’  In the event that repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, Outsider will adopt that definition as a minimum standard. Without limiting Outsider’s right to define ‘repeat infringer,’ as a general rule, Outsider will define a ‘repeat infringer’ as any person or entity about whom Outsider has received two or more DMCA Notices of Alleged Infringement. Outsider will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.

REGARDLESS OF WHETHER OUTSIDER TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, OUTSIDER IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL OUTSIDER INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY OUTSIDER WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

Our Copyright Agent

Our designated Copyright Agent to receive DMCA Notices is:

DMCA Complaints

Outsider Media Network, LLP

P.O. Box 3348

Brentwood, TN 37024-3348

Email: [email protected]

The foregoing procedure is exclusively for providing notice that your copyrighted content has been infringed or that content you have posted has been removed or disabled in error. Any other communications sent to our Copyright Agent may/will be discarded.