1. Scope of Document
This DMCA Policy ("Policy") describes the James Scott Brown Foundation's ("JSBF," "Foundation," "we," "us," or "our") procedures for addressing claims of copyright infringement on the JSBF Legal Intelligence Platform at jamesscottbrownfoundation.com (the "Platform") in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. Section 512. This Policy applies to all content uploaded to, submitted through, or made available on the Platform by users.
2. Definitions
- "Copyright Owner" refers to the owner of a copyright or an authorized representative of the copyright owner.
- "Infringing Material" refers to content hosted on or accessible through the Platform that allegedly infringes a copyright.
- "Takedown Notice" refers to a written notification from a Copyright Owner or their authorized representative alleging copyright infringement and requesting removal of the Infringing Material.
- "Counter-Notification" refers to a written response from the user whose content was removed, asserting that the removal was based on mistake or misidentification.
- "Designated Agent" refers to the Foundation's designated representative for receiving DMCA notifications.
3. Reporting Copyright Infringement
If you believe that content available on the Platform infringes your copyright, you may submit a Takedown Notice to the Foundation's Designated Agent. To be effective under the DMCA, a Takedown Notice must include all of the following elements:
- A physical or electronic signature of the Copyright Owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the Foundation to locate the material on the Platform (such as the URL where the material is accessible).
- Information reasonably sufficient to permit the Foundation to contact the complaining party, such as an address, telephone number, and email address.
- 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.
- 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.
Takedown Notices should be submitted through the Contact page with the subject line "DMCA Takedown Notice." Incomplete or non-compliant notices may not be acted upon.
4. Foundation Response to Takedown Notices
Upon receipt of a valid Takedown Notice that complies with the requirements set forth above, the Foundation will:
- Promptly remove or disable access to the allegedly Infringing Material.
- Notify the user who uploaded or submitted the material that it has been removed or disabled, and provide a copy of the Takedown Notice.
- Inform the user of their right to submit a Counter-Notification if they believe the material was removed in error.
The Foundation processes Takedown Notices in the order received and makes reasonable efforts to respond within five (5) business days of receipt.
5. Counter-Notification Procedure
If you believe that material you uploaded was removed or disabled as a result of mistake or misidentification, you may submit a Counter-Notification to the Foundation's Designated Agent. A Counter-Notification must include:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
- 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.
- 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 your address is located (or, if outside the United States, any judicial district in which the Foundation may be found), and that you will accept service of process from the person who provided the original Takedown Notice or an agent of such person.
Upon receipt of a valid Counter-Notification, the Foundation will forward it to the original complaining party. If the complaining party does not file a court action seeking to restrain the user from engaging in the allegedly infringing activity within ten (10) to fourteen (14) business days, the Foundation will restore the removed material.
6. User Rights
Users whose content is subject to a Takedown Notice have the following rights:
- The right to receive notification that their content has been removed or disabled, along with a copy of the Takedown Notice.
- The right to submit a Counter-Notification if they believe the removal was based on mistake or misidentification.
- The right to have their content restored if a valid Counter-Notification is submitted and no court action is filed within the statutory period.
- The right to seek legal remedies if they believe a Takedown Notice was submitted in bad faith.
7. Foundation Rights and Repeat Infringer Policy
In accordance with the DMCA, the Foundation maintains a policy for the termination of accounts of users who are repeat infringers. The Foundation defines a "repeat infringer" as a user against whom two (2) or more valid Takedown Notices have been received and for whom no successful Counter-Notification has been filed.
The Foundation reserves the right to:
- Terminate the accounts of repeat infringers.
- Remove or disable access to material at its discretion, even in the absence of a formal Takedown Notice, if the Foundation has actual knowledge that the material infringes a copyright.
- Cooperate with law enforcement and rights holders in the investigation of copyright infringement.
8. Compliance
This Policy is designed to comply with the safe harbor provisions of the DMCA, 17 U.S.C. Section 512. The Foundation acts in good faith to respond to clear notices of alleged infringement and to maintain appropriate procedures for addressing copyright claims. The Foundation does not monitor user-uploaded content for potential infringement prior to receipt of a Takedown Notice.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JSBF SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE REMOVAL OR DISABLING OF CONTENT PURSUANT TO A TAKEDOWN NOTICE, OR FROM THE RESTORATION OF CONTENT PURSUANT TO A COUNTER-NOTIFICATION. THE FOUNDATION IS NOT LIABLE FOR ANY INFRINGEMENT COMMITTED BY USERS OF THE PLATFORM.
Please note that under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees.
10. Governing Law and Jurisdiction
This DMCA Policy shall be governed by and construed in accordance with the laws of the United States of America, including the Digital Millennium Copyright Act, 17 U.S.C. Section 512. Any disputes arising under this Policy shall be resolved in accordance with the dispute resolution provisions set forth in the Terms of Service.
11. Updates and Modifications
JSBF reserves the right to update this DMCA Policy at any time. Changes will be reflected by an updated "Effective Date" at the top of this page. The Foundation encourages users to review this Policy periodically.
12. Contact Information
To submit a Takedown Notice, Counter-Notification, or inquiry regarding this DMCA Policy, please contact the Foundation's Designated Agent through the Contact page on our website with the subject line "DMCA."