Copyright Infringement Policy
Notice and Takedown Procedures
All of the Site’s users shall follow the law. If the Site receives a proper notice of complaint of copyright infringement we will respond promptly by removing the infringing material, by disabling access to the infringing material or by taking any other action the Site deems appropriate to end the infringement. In the event that the Site takes such action, we will also, as required by law, forward the notice of complaint to the alleged infringer.
If the Designated Agent receives a proper counter notification from the individual who is the subject of an allegation of copyright infringement, then the Site will follow the additional requirements prescribed by the DMCA at section 512(g). We will also forward a copy of the counter notification to the individual who originally filed the notice of complaint.
Right to Terminate Use
The Site reserves the right, in appropriate circumstances, to terminate the user account of anyone who is a repeat infringer of copyright laws. Termination will result in the Site revoking our authorization for a repeat infringer to use our computer systems for any purpose within our control. The right of termination shall be exercised by the Site according to our sole discretion.
Notice of Complaint
Under 17 U.S.C. s. 512, the DMCA requires that a notice of complaint, to be effective notification of alleged copyright infringement, must be in writing and contain substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notice of complaint which fails substantially to comply with these requirements may result in a delay in processing that complaint. Significant failure to follow these guidelines may result in inadequate notice of the copyright infringement alleged under section 512(c)(3)(B).
Every notice of complaint must be sent to our designated agent, who is identified below. While you may send your notice of complaint to our designated agent using the email or postal address listed below, we encourage you to use the notice of complaint form below. This will help us to process your notice of complaint faster.
Notice of Complaint Form:
The Site’s designated agent to receive all notices under the DMCA is:
Wiland.com Copyright Agent
6309 Monarch Park Place
Niwot, CO, 80503
If you believe that someone has erroneously or falsely filed a notice of complaint against you, then you may file a written counter notification with the Site’s designated agent. If you make material misrepresentations in any counter notice, you may be subject to liability under section 512(f) of the DMCA. To be valid, your counter notification must include substantially the following:
- 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 to it was disabled.
- A statement under penalty of perjury that the subscriber has 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.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
While you may send your counter notification to our designated agent using the email or postal address listed above, we encourage you to use the counter notification form. This will help us to process your counter notification faster.