Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Copyright Act, Title 17, United States Code, Section 512(c)(2), copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to TheBrain if they have a good-faith belief that their protected works are being infringed. TheBrain will respond to all such notifications that are sent via surface mail, courier or fax to:
TheBrain Technologies LP
Attn. Brigitte Senn, DMCA Designated Contact Agent
11522 W. Washington Blvd.
Los Angeles, CA 90066
To be effective, the notification must be a written communication that includes:
- A physical 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 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; and
- 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.
Upon receipt of such notification, TheBrain shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After TheBrain removes or disables access to such material, TheBrain will notify the user who posted the material of its action. The user may then provide the TheBrain designated agent proper “counter-notification” stating his or her authority to post the allegedly infringing material, which TheBrain will forward to the alleged copyright owner. TheBrain will inform the copyright owner that TheBrain will re-post the removed material or cease disabling access to it in ten (10) to fourteen (14) business days unless the copyright owner sends a second notification to the TheBrain designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent via surface mail, courier or fax to the TheBrain designated agent, whose name and address are listed above. The notice must include the following information:
- The user’s physical signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The user’s name, address, phone number, and a statement that the Member consents to the jurisdiction of the Federal Court in its district, or if the subscriber is foreign, it consents to any jurisdiction where TheBrain is subject to jurisdiction, and that the subscriber will accept service if process originates from the person who provided TheBrain with notification or an agent of such a person.
Use of the Internet is at your own risk, and TheBrain cannot be responsible for the content and conduct you may encounter.