Digital Millennium Copyright Act Take Down Provisions

It is our policy to respond to clear notices of alleged copyright and trademark infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected page(s) so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

1. Identify in sufficient detail the copyrighted work or trademark that you believe has been infringed upon, for example:

"The copyrighted work at issue is the text and photos that appear on http://www.mysite.com/mytest.html"

"The copyrighted work at issue is the '2009 Hot Men Calendar' by John Does, published by Does Publishing, ISBN #0123456789"

"The trademark at issue is subject to United States Trademark Registration No. __________, owned by my company, _________________"

2. Identify the material that you claim is infringing the copyright or trademark listed in item #1 above.

Provide URLs from one of ours sites and a printout of the offending pages.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted or trademarked materials described above as allegedly infringing is not authorized by the rights owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the rights owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to the following address:

     Stark Reagan PC

     Attn: Peter Arvant
     1111 W. Long Lake Rd.
     Ste 202
     P.O. Box 7037
     Troy, MI 48098
     United States of America
     phone: 248-641-9955

     OR fax to:

     Fax #: 248-641-9921

     Attn: Peter Arvant

Counter Notification

The administrator of an affected webpage content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyright or trademark of others. Accordingly, if you are not sure whether certain material infringes the copyright or trademark of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that we have removed or to which we have disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or ______________ if your address is outside of the United States), 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.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the paper.

5. Send the written communication to the following address:

     Stark Reagan PC

     Attn: Peter Arvant
     1111 W. Long Lake Rd.
     Ste 202
     P.O. Box 7037
     Troy, MI 48098
     United States of America
     phone: 248-641-9955

     OR fax to:

     Fax #: 248-641-9921

     Attn: Peter Arvant

For further information about these policies, please contact PArvant@StarkReagan.com.