DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
Broadway and Orange (“Company”) embraces the below policy regarding copyright infringement in compliance with the Digital Millennium Copyright Act of 1998 (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Listed at the end of this Policy is the address of the Delegated Representative to be given the notice of alleged violation (“Delegated Representative”).
DOCUMENTING COPYRIGHT VIOLATION
If an individual declares intellectual property to be breached, the individual must submit the following to the Company:
An electronic and/or physical signature of an individual sanctioned to act on behalf of the possessor of the copyright that has been allegedly breached;
Documentation of the works or materials being breached;
Evidence of the works or materials declared to be violating, containing information concerning the specific whereabouts of the violating works or materials on the Company’s website that the copyright possessor seeks to have eradicated, along with adequate detail so that the Company is able to locate and confirm its presence;
Contact information of the individual reporting the Company – Include full name, physical address, email address, and phone number;
A declaration that the individual deems in probity the works or materials are not permitted by the copyright possessor, its representative, or the law; and
A declaration completed under penalty of perjury that the evidence presented is truthful and the reporting party is sanctioned to submit the grievance on behalf of the copyright possessor.
AFTER APPROPRIATE AUTHENTICATED VIOLATION REPORT IS COLLECTED BY THE DELEGATED REPRESENTATIVE
To eradicate or deactivate access to the violating works or materials;
To inform the content supplier that access to the works or materials have been eradicated or deactivated; and
That repeat offenders will have the violating works or materials eradicated from the site and that Company will cease such content supplier’s access to the service.
PROCESS FOR PROVIDING COUNTER-NOTICE TO THE DELEGATED REPRESENTATIVE
An electronic and/or physical signature of the content supplier;
Documentation of the works or materials that have been eradicated or deactivated and the whereabouts of which the works or materials surfaced prior to being eradicated or deactivated;
A declaration that the individual deems in probity the works or materials were eradicated or deactivated as a result of error or a misidentification of the works or materials; and
Include content supplier’s full name, physical address, email address, and phone number along with a declaration that such individual or party agrees to the jurisdiction of the Federal Court for the judicial district in which the content supplier’s address is located, or if content supplier’s address is located outside the United States, for any judicial district in which Company is located, and that such individual or party will agree to service of process from the individual who presented the report of the alleged violation.
If a counter-notice is received by the Delegated Representative, Company may deliver a copy of the counter-notice to the initial disputing party notifying that individual that it may replace the eradicated works or materials or stop restricting it in 10 business days. Except if the copyright possessor files an action seeking a court order in opposition to the content supplier, the eradicated works or materials may be replaced or entry to it reestablished in 10 to 14 business days or more after receiving the counter-notice, at Company’s discretion.
Please contact the Delegated Representative to obtain report of alleged violation for Company at [email protected] or at:
Orange and Broadway LLC
ATTN: Legal Department
1201 Loma Drive
Hermosa Beach, CA 90254