Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
1. Respect of Third-Party Rights. Reprise, Inc. (“Reprise”) respects the intellectual property of others and takes the protection of intellectual property very seriously. Reprise asks users of its online properties, products and services (collectively, “Service”) to do the same. Infringing activity will not be tolerated on or through the Service.
2. Repeat Infringer Policy. Reprise’s intellectual property policy is to: (i) remove or disable access to material that Reprise believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any material uploaded or transmitted to the Service by “repeat infringers.” Reprise considers a “repeat infringer” to be any user that has uploaded or transmitted any material to the Service and for whom Reprise has received three or more takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such material. Reprise has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Reprise’s own determination.
3. Procedure for Reporting Claimed Infringement. If you believe that any material made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the “Designated Agent” identified below. Your Notification of Claimed Infringement may be shared by Reprise with the user alleged to have infringed a right you own or control, and you hereby consent to Reprise making such disclosure. Your communication must include substantially the following:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
b. identification of materials being infringed, or, if multiple materials are covered by a single notification, then a representative list of such materials;
c. identification of the specific 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 Reprise to locate the material;
d. information reasonably sufficient to permit Reprise to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
e. a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 or other applicable laws to confirm your obligations to provide a valid notice of claimed infringement.
4. Designated Agent Contact Information. Reprise’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail: email@example.com
Via U.S. Mail:
407 Marlborough Street, Unit 6B
Boston, MA 02115
5. Counter Notification. If you receive a notification from Reprise that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Reprise with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Reprise’s Designated Agent through one of the methods identified in Section 4 above and include substantially the following information:
a. your physical or electronic signature;
b. 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 to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d. information reasonably sufficient to permit Reprise to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted; and
e. a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, then for any judicial district in which Reprise may be found, and that you will accept service of process from the person who provided notification under Section 3 above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
6. Reposting of Material Subject to a Counter Notification. If you submit a Counter Notification to Reprise in response to a Notification of Claimed Infringement, then Reprise will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Reprise will replace the removed material or cease disabling access to it in 10 business days, and Reprise will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Reprise’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Reprise’s system or network.
7. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Reprise] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Reprise reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of applicable law.