Notifying Fractal Enterprise of copyright infringement:
Summary of the Process
The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov). Here is a summary of the process:
If anyone believes that material on a Fractal Enterprise-hosted website infringes their copyright, that person may send us a written notice as described below. We will attempt to remove or disable the allegedly infringing material.
We will attempt to notify the user who posted the allegedly infringement material. That user then has the right to request that the material be re-enabled. If they properly make such a request, we will re-enable the material unless and until the two parties jointly ask us to remove it or a court orders us to remove it.
Only copyright owners can report a suspected infringement to us. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to us. If you believe that any content on a website infringes another party’s copyright, you should advise the copyright owner directly. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on a website is copyright infringing. When in doubt, you should consult an attorney. In any event, if you believe your copyrights are being infringed, we strongly urge you to contact the user directly.
Putting Your Notice Together
We need your help finding the infringing content and we need to be sure that we are doing the right thing by removing the content. We therefore require the below details in your notice:
- Your name, mailing address, telephone number and email address.
- Sufficient detail about the copyrighted work.
- The URL or other specific location on our websites that contains the material that you claim infringes your copyright.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (i.e. “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”).
- A statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf (i.e. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Where to Send Your Notice
Your notice can be sent to our copyright agent at:
Fractal Enterprise, LLC
1908 Chalk Rock Cove
Austin, Texas 78735
Attn: Legal Department, DMCA Complaint
How will Fractal Enterprise Respond?
After we receive a proper written notice, we will expeditiously remove or disable the allegedly infringing content, regardless of the nature of the copyright (a post, a webpage, or an application, for example). We will document those alleged infringements on which we act. Also, we will notify the user and, if requested, provide the report to the user. Please note that in addition to being forwarded to the user who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third-party which may publish and/or annotate it. In appropriate circumstances, we will also exclude infringers from our websites who we suspect to be repeatedly or blatantly infringing copyrights.
Restoration of the Removed Content
If a user of our websites believes that their content was removed or disabled by mistake or misidentification, the user may send us a written counter-notification which includes the following:
- The user’s name, mailing address, telephone number and email address.
- Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.
- A statement that: 1) the user consents to the jurisdiction of the Federal District Court in which the user’s address is located, or Austin, Texas if the user’s address is outside the United States, and 2) the user will accept service of process from the person who provided notification of infringement or an agent of such person. (An example would be: “I consent to the jurisdiction of the Federal District Court with jurisdiction in [person’s city and state of residence or “Austin, Texas”], and I will accept service of process from the person who provided notification of infringement or an agent of such person.”).
- A statement under penalty of perjury that the user has a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (i.e. “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of 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.”)
- The user’s physical or electronic signature.
The End Result
We may restore the removed or disabled content following 10 business days from the date that we received a proper written counter notification, unless our above copyright agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.