PRO MOTION The Brad Lebeau Company Inc., (“COMPANY, ” “we” or “us”) responds to notices of alleged infringement as required by the U.S. Digital Millennium Copyright “DMCA”), including by removing or disabling access to material claimed to be infringing or to be the subject of infringing activity. COMPANY’S Designated Copyright Agent (identified below) will only respond to notices, counter-notifications and inquiries that comply with the requirements of the DMCA.
This site may contain material we received from licensed vendors, public relations firms, and marketing/promotion companies. We are making such material available in an effort to advance understanding of cultural, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. we believe this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the US Copyright Law.
Reporting Copyright Infringement
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement on or through the COMPANY Services, please send a notice of copyright infringement (“Notice”) to COMPANY’S Designated Copyright Agent.
Your Notice must be in writing and include the following information:
1. Identification of the copyrighted work or material that you claim has been infringed. If this material exists online, please provide a URL.
2. Identification of the material that is claimed to be infringing, including its location on the COMPANY network, with sufficient detail so that COMPANY is capable of finding the material and verifying its existence (e.g., in most circumstances, we will need a URL).
3. Contact information, including your name, address, telephone number and email address.
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or its agent or law.
5. A statement by you that the above information in your Notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
6. A physical or electronic signature of the owner of the copyright that has been allegedly infringed or a person authorized to act on behalf of the owner.
Please see www.copyright.gov or www.chillingeffects.org copyright for more information about how to prepare your Notice. You may be liable for damages if you materially misrepresent that a work is infringing your copyright.
COMPANY may forward a copy of a Notice (including name and email address) to the alleged infringer or may forward a copy of a Notice to www.chillingeffects.org for publication. Any user may ask for a copy of any Notice, although COMPANY may make certain redactions to eliminate irrelevant or personal information. The COMPANY’s privacy policy does not protect information provided in a Notice. COMPANY will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any user for actual or apparent copyright infringement or other violations of intellectual property rights.
Counter Notification
Under the DMCA, a counter notification is a legal means to state your objection to a Notice or other DMCA warning that you’ve received from COMPANY regarding a report of allegedly infringing copyrighted material posted through your Account.
You may file a counter notification if you received a DMCA warning or Notice from COMPANY regarding a report of allegedly infringing copyrighted material on your COMPANY Account or have been otherwise advised by COMPANY that your Account was subject of a Notice and believe that your posting of material was a mistake or misidentification or that your use of the material in question constitutes “fair use” and that you have not infringed the copyright holder’s copyright. If you are unclear if your situation falls into one of these areas, you may want to speak with a legal advisor or attorney regarding your specific situation. Please note COMPANY cannot advise you on copyright-infringement-related matters.
After an effective counter notification is provided to COMPANY’S Designated Copyright Agent, we will forward a copy of it with all of your contact information (which is needed for legal process) advising the copyright holder that COMPANY intends to replace or re-enable access to the material in question with fourteen (14) business days following the date of the counter notification, unless COMPANY’S Designated Copyright Agent receives notice that the copyright holder has filed a court action (lawsuit, etc.) against you to restrain you from reposting the material.
COMPANY is committed to replacing or re-enabling access to the material in question but, in some circumstances, you may need to repost the material.
If we receive a counter notification from you and COMPANY does not receive notice that a court action has been filed as described above, we will no longer accept notices from the same copyright holder regarding the same material in question on the reported pages.
Under the DMCA, a counter-notification to the COMPANY’S Designated Copyright Agent must be in writing and include following:
1. Identification of the material that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or access to it was disabled;
2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
3. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address provided by you is located (or if the address provided by you is outside the United States, you consent to the jurisdiction of the Federal District Court for any judicial district in which COMPANY may be found) and that you will accept service of process from the person who provided the notice or an agent of such person; and
4. Your physical or electronic signature on the counter notification.
Designated Copyright Agent
Please send only Notices and counter-notifications to our Designated Copyright Agent. Please do not send any other correspondence or inquiries.
c/o PRO MOTION The Brad Lebeau Company Inc.
101 Hamilton Place, NYC NY 10031
1.212.274.9800
1.212.274.9899
[email protected]