Knowledge Base/Features/Security and Privacy

Copyright Agent

Kym Wilson
posted this on August 25, 2011 10:11

FilesAnywhere Copyright Agent

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE
: THE INFORMATION ON THIS PAGE IS PROVIDED EXCLUSIVELY FOR NOTIFYING FILESANYWHERE 
THAT YOUR  COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF ABUSE, AND ALL OTHER COMPLAINTS OR QUESTIONS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS, AND SHOULD BE DIRECTED INSTEAD TO THE TECHNICAL SUPPORT DEPARTMENT.
 
FilesAnywhere.com processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

 

Upon receipt of notices complying or substantially complying with the DMCA, FilesAnywhere.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. FilesAnywhere.com will terminate access for any Members who are repeat infringers.


Notices of claimed infringement must be directed in writing to:
    
Designated Copyright Agent

FilesAnywhere.com
  Legal Department

3300 Airport Freeway
Suite 200
Bedford, TX 76021
E-mail: copyright@filesanywhere.com
Fax: 214-445-0344

 
The words "Notice of Infringement" should be put in the subject line of all such notifications.
  
If FilesAnywhere.com removes or disables access to any of the materials that are claimed to be infringing, FilesAnywhere.com may attempt to contact the owner such materials in order to give such owner an opportunity to respond to the notification, although FilesAnywhere.com makes no promise to do so. Any and all counter notifications submitted by such owner will be furnished to the complaining party. FilesAnywhere.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before FilesAnywhere.com replaces or restores access to any material as a result of any counter notification.
 
FilesAnywhere.com will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws.
 
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to any of the FilesAnywhere.com must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following: 
 

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; 
     
  2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed; 
     
  3. Information related to the work(s) reasonably sufficient for FilesAnywhere.com to promptly locate the work (e.g. title of work, URL link location, user account name, web page where referenced, etc.); 
     
  4. Information reasonably sufficient to permit FilesAnywhere.com to directly contact the complaining party, such as a complete name and address, telephone number, and an email address; 
     
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
     
  6. 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; and
     
  7. A statement requesting that FilesAnywhere.com take a specific act with respect to the alleged infringement (e.g., removal, access restriction or disablement).
     

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

  1. FilesAnywhere shall remove or disable access to the material that is alleged to be infringing; 
     
  2. FilesAnywhere shall forward the written notification to such alleged infringer ("Subscriber"); 
     
  3. FilesAnywhere shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

     

PROCEDURE FOR COUNTER NOTIFICATION OF CLAIM OF INFRINGEMENT
Any Counter Notification must be a written communication provided to FilesAnywhere's Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Subscriber; 
     
  2. 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; 
     
  3. 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; 
     
  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the FilesAnywhere may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
     

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. FilesAnywhere shall promptly provide the Complaining Party with a copy of the Counter Notification; 
     
  2. FilesAnywhere shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; 
     
  3. FilesAnywhere shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided FilesAnywhere's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on FilesAnywhere's network or system.

   
Additional References to United States Copyright Law Infringement Notification Process

 SERVICE PROVIDER DESIGNATED AGENT NOTIFICATION 

 http://www.copyright.gov/onlinesp/ 

 SUBSECTION 512(C) OF THE COPYRIGHT ACT

 http://www.copyright.gov/title17/92chap5.html#512 

 THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998

 http://www.copyright.gov/legislation/dmca.pdf