Removal of Content
NACS respects the copyright of the users of its web sites (the “Sites”) and of third parties. If you believe that you have a work that has been used in a way that constitutes copyright infringement, please provide our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the following information in writing:
(1) An electronic or physical signature of the person authorized to act on behalf of either the owner of the copyright interest or the copyright owner;
(2) A description of the copyrighted work that you believe has been infringed, including details sufficient to allow us to meaningfully evaluate the claim of infringement;
(3) A description of where on the Sites the content that is claimed to be infringing is located, including at the very least the specific URL(s) at which NACS may find that content;
(4) The full name, address, telephone number and e-mail address of the owner of the work, or the agent for such owner, so that NACS may communicate with that person about the claim;
(5) A statement by the owner that he or she has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (e.g., “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”);
(6) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the author of the notice is the copyright owner or authorized to act on the copyright owner’s behalf (e.g., “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.”).
You can reach the Agent by sending an e-mail to nacscopyrightagent@nacs.org or facsimile at (440) 775-4769.
Upon receipt of a proper notification as described above, NACS will take whatever actions it believes are appropriate in the circumstances, and NACS reserves sole, exclusive, and complete discretion over all decisions in that regard. Any decisions and actions in any particular circumstances do not bind NACS in connection with any new or different circumstances.
Please also note that, under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Challenging the Removal of Copyrighted Content from the Site
The process for challenging removal of copyrighted content from the Site (so-called “counter-notifications”) is governed by Section 512(g) of the U.S. Copyright Act. If a person wishes to file a counter-notification, (s)he should send our Agent the following information in writing:
(1) An electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been improperly deleted or removed, including as applicable the specific URL(s);
(3) The full name, address, telephone number, e-mail address, and user account(s) name(s) (if applicable) so that NACS may communicate with you;
(4) A statement that the author of the counter-notification consents to the jurisdiction of Federal District Court for the judicial district in which (s)he is located, and that (s)he will accept service of process from the person who provided the notification leading to your claim or an agent of that person;
(5) A statement, made under penalty of perjury, that the author of the counter-notification has a good faith belief that NACS disabled the content mistakenly (e.g., “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”).
You can reach the Agent by sending an e-mail to nacscopyrightagent@nacs.org or facsimile at (440) 775-4769.
After NACS receives the counter-notification, it will forward it to the person who submitted the original claim of copyright infringement. Please note that when NACS forwards the counter-notification, it will include personal information of the author of the counter-notification. By submitting a counter-notification, you consent to having your information revealed in that way. We will not forward the counter-notification to any party other than the original claimant.
After NACS delivers the counter-notification, the claimant must notify NACS within 10 days that he or she has filed an action seeking a court order to restrain the infringing activity relating to use of the content in dispute. If NACS receives such notification, it will be unable to restore access to the content in dispute. If NACS does not receive such notification, it may restore access to the content.
Upon receipt of a proper counter- notification as described above, NACS will take whatever actions it believes are appropriate in the circumstances, and it reserves sole, exclusive, and complete discretion over all decisions in that regard. Our decisions and actions in any particular such circumstances do not bind NACS in connection with any new or different circumstances.
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Repeat Offender Policy
NACS has adopted and implemented a “repeat offender” policy in compliance with our obligations under the U.S. copyright laws. Pursuant to that policy, NACS reserves the right in appropriate circumstances, with respect to which NACS has sole, exclusive, and complete discretion, to terminate the account(s) of any user who has engaged in repeated acts of copyright infringement.
© NACS April 2012