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It is IMA’ policy to respond to notices of alleged infringement with
intellectual property laws and the Digital Millennium Copyright
Act http://www.copyright.gov/.
IMA’ response may include removing or disabling access to material claimed to
be the subject of infringement and/or terminating a Client’s account
including but not limited to termination of a Client’s Website.
If we remove or disable access in response to such a notice, we will attempt
to contact the owner of the Website or Content so they may make a counter
response. A copy of the notice will be provided to the account
owner that provided the allegedly infringing material.
Please note that under the Act you will be liable for damages (including
attorney’s fees) if you misrepresent a copyright infringement. If you
are not sure whether material available online infringes on your copyright we
suggest you obtain legal counsel first.
Notification of Infringement
If you believe your work has been copied in a way that violates your
intellectual property rights please provide IMA’ Copyright Agent with the
following information:
1.
Identify the copyrighted work or other
intellectual property that you claim has been infringed. (Include specific
URL’s or other identifying information.)
2.
Identify the material you claim is infringing on
the copyright work in #1. (Includes specific URL’s or other identifying
information. Be specific about content and/or images. If you list
only a URL you are claiming the entire page is infringing.
3.
Provide your contact information including, name,
address, telephone number and e-mail address. E-mail address preferred.
Include signature or electronic signature.
4.
Include a statement that you “have a good faith
belief that use of the copyrighted material described above as allegedly
infringing is not authorized by the copyright owner, its agent, or the law.”
5.
Include the following statement “I swear, under
penalty of perjury, that the information in the notification is accurate and
that I am the copyright owner or am authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.”
6.
Sign and send to:
Innovative Media Arts
Attn: Copyright
12400 Ventura Blvd, Ste 706, Studio City, CA 91604
By e-mail: webmaster@innovativemediaarts.com
Counter Notification
The Client or administrator of an affected Website may make a counter
notification pursuant to the Digital Millennium Copyright Act. Upon
receipt of a proper counter notice we will provide a copy of the counter
notification to the claiming party. We may cease disabling access in 10
business days from the date we notify the claiming party unless we receive
notification from the claiming party that a lawsuit has been filed in
district court within 14 days.
If we block access to a URL to disable the allegedly infringing material, a
counter notification will be required even if the allegedly infringing
material has been removed or disabled and will no longer be shown, before we
will cease disabling access to the blocked URL.
Please note that under the Act you will be liable for damages (including
attorney’s fees) if you misrepresent that a product or activity is not
infringing the copyright rights of others. If you are not sure whether
material available online infringes on the copyright of others, we suggest
you obtain legal counsel first.
To provide a counter notification, please provide IMA’ Copyright Agent with
the following information.
1.
Identify the copyrighted work that IMA has
removed or disabled access. (Include specific URL’s or other identifying
information.)
2.
Provide your contact information including, name,
address, telephone number and e-mail address; e-mail address is
preferred. Include signature or electronic signature.
3.
Include a statement that you will consent
to service of process from the person who provided the notification and that
you will consent to the jurisdiction of Federal District Court for the
district in which your address is located or to an appropriate U.S. judicial
body if overseas.
4.
Include a statement that “I swear, under penalty
of perjury, that I have a good faith belief that use of the copyrighted
material described above as allegedly infringing was removed or disabled as a
result of a mistake or misidentification of the material to be removed or
disabled, or that the material described above has been removed or disabled
at the URL identified and will no longer be shown.”
7.
Sign and send to:
Innovative
Media Arts
Attn: Copyright
12400 Ventura Blvd, Ste 706, Studio City, CA 91604
By e-mail: webmaster@innovativemediaarts.com
Account Termination
IMA may terminate the account of repeat infringers. If you believe that
an account holder is a repeat infringer please notify IMA’ Copyright Agent
with the appropriate information for us to verify that the account holder is
a repeat infringer.
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