Section 512 of the Digital Millennium Copyright Act (“DMCA”) outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
Data Dynamics, Inc. (“Data Dynamics”) may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a Notice to the Data Dynamics Designated Agent at email@example.com, with the following text in the subject line: “Data Dynamics DMCA,” and containing the following information:
(a) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (b) a description of the location of the original or an authorized copy of the copyrighted work; (c) your address, telephone number and e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Data Dynamics will review each notice of alleged infringement it receives and will take appropriate actions as required by the DMCA and other applicable intellectual property laws.
If you created or posted any content that you believe was removed (or to which access was disabled) due to an allegation of copyright infringement and you believe the content is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Designated Agent:
(i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Data Dynamics may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, registrant or 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 Data Dynamics’ sole discretion.
Data Dynamics’ Designated Agent:
101 Cedar Lane, Suite 102
Teaneck, NJ 07666
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.