While copyright issues can often be resolved with informal email correspondence, Lady3D has also adopted the following policy toward copyright infringement, in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to receive notification of claimed infringement is listed at the end of this copyright policy.
Reporting Copyright Infringement
If you allege that your intellectual property is being violated, you must submit all of the following information to the Designated Agent:
- Identification of the work(s) or material(s) being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Lady3D is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Response to Complaints
After notification of an alleged infringement is received by the Designated Agent:
- Lady3D will remove or disable access to the infringing material.
- Lady3D will notify the content provider, member, subscriber or user responsible for the allegedly infringing material (the Offending User) that it has removed or disabled access to the material.
- If the Offending User is a repeat offender, Lady3D will immediately terminate such User’s account and access to Lady3D in addition to removing the infringing material.
Right to Dispute
If the Offending User disputes the claim of infringement, the Offending User may send a counter-notice containing the following information to the Designated Agent:
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled.
- A statement that the Offending User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
- The Offending User’s contact information, including name, address, telephone number and e-mail address.
- A statement that the Offending User consents to the jurisdiction of the Federal Court for the judicial district in which the Offending User’s address is located, or if the Offending User’s address is located outside the United States, for any judicial district in which Lady3D is located, and that the Offending User will accept service of process from the Notifying Party.
- The Offending User’s physical or electronic signature.
If such counter-notice is received by the Designated Agent, Lady3D will send a copy of the counter-notice to the Notifying Party informing them that Lady3D may replace or restore access to the material in question. Unless the copyright owner thereafter files an action seeking a court order against the Offending User, and Lady3D has actual knowledge of such filing, then the material will be replaced or access to it restored in 10 to 14 business days after receipt of the Offending User’s counter-notice.
The Designated Agent to Receive Notification of Claimed Infringement can be contacted at firstname.lastname@example.org