This notification is made without prejudice or admission as to the
applicability of The Digital Millenium Copyright Act, 17 U.S.C., Section
512(c),
Pursuant to the Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c), a
copyright owner or its authorized agent ("Complainant") may submit a
notification alleging copyright infringement to the OSP’s
Agent
Designated to Receive Notification of Claimed Infringement if Complainant has a good-faith belief that its
works are being infringed by material subject to the OSP’s
control. We will investigate proper notifications sent to the following:
support@cecash.com
Elements of Proper
Notification:
To be effective a
notification of claimed infringement MUST contain at least the following
information or it may be IGNORED:
(a) A an elect
(b) 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;
(c) 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 OSP to
locate the material;
(d) Information reasonably sufficient to permit the OSP to contact Complainant,
such as an address, telephone number and e-mail address at which Complainant
may be contacted;
(e) A statement that Complainant 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
(f) A statement made under penalty of perjury, that
the information in the notification is accurate, that Complainant is authorized
to act on behalf of the copyright owner.
Effect of Notification:
The OSP will investigate the
subject of a proper notice. If appropriate, the OSP will act expeditiously to
remove or disable access to the allegedly infringing material and notify the
entity that submitted such material ("Respondent"). Respondent may
then send to the Designated Copyright Agent a proper counter-notification, in which
case the OSP may re-post or re-enable access to the allegedly infringing
material between 10 and 14 days after receipt of the counter-notification,
unless Complainant first notifies OSP that Complainant has filed suit to
restrain Respondent from engaging in the alleged infringement.
A proper
counter-notification should be sent to the Designated Agent listed above and
MUST have at least the following information, or it may be IGNORED:
(a) A physical or elect
(b) Identification of the material that has been removed or disabled and the
location at which the material appears before it was removed or access to it
was disabled;
(c) A statement, under penalty of perjury, that Respondent 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; and
(d) Respondent's name, address and telephone number, and a statement that
Respondent consents to the jurisdiction of the Federal Court in its district
or, if Respondent's address is outside the United States, Respondent consents
to any jurisdiction where OSP may be found, and that Respondent will accept
service if process originates from Complainant or Complainant's agent.
Subpoena to identify
infringer.
A copyright owner or a
person authorized to
act on the owner's behalf may request the clerk of any
(A) a copy of a
notification described under DMCA § 512 (c)(3)(A);
(B) a proposed
subpoena; and
(C) a sworn
declaration to the effect that the purpose for which the
subpoena is sought
is to obtain the identity of an alleged infringer and
that such
information will only be used for the purpose of protecting rights
under the DMCA.
Upon receipt of the issued
subpoena, either accompanying or subsequent to the receipt of a notification
described in under DMCA § 512 (c)(3)(A), the OSP shall
expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by
the subpoena, notwithstanding any other provision of law and regardless of
whether the OSP responds to the notification.