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Copyright/DMCA PolicyUpdated: February 22, 2010

For definitions and references contained in this policy as well as more information about our policy on posting Materials, please refer to our Terms of Service.

EMS respects all intellectual property rights and will respond to clear and appropriate allegations of copyright infringement violations in accordance with the Digital Millennium Copyright Act (DMCA). When we receive an appropriate notification, we may remove access to the Materials and disable the posting User's ability to post additional Materials. If we remove access to the Materials, we will take reasonable steps to notify the User who posted those Materials of the take-down, and will provide them copy of the notification. We may also notify the poster of their legal rights to file a counter-notification. We may also provide a copy of the notification to interested 3rd Parties or websites. If the User who posted the Materials believes they were within their rights to post those Materials they may then file a counter-notification. Upon receiving a counter-notification we will in most cases restore the Materials unless we receive notice from the notifier within 10 days that legal action has been filed to restrain the alleged infringer from posting/using such Materials.

Please be aware, that filing DMCA Take-down Notices, DOES subject YOU to LEGAL LIABILITY for damages of both the Material Poster, and EMS for any costs, damages, and attorney fees if you misrepresent that an image, activity, product, video etc is infringing on your copyrights. In fact, in a recent case, a company that sent infringement notification for Materials to have those Materials removed found this out the hard way. The copyright holder in this case, had to pay $125,000.00 in damages for having the Materials removed when those Materials were covered by the Fair Use Doctrine. So, please make sure you consult a lawyer regarding the alleged infringement to determine if it is indeed an infringement BEFORE you file a DMCA Notice.

Please note that EMS generally does not make any qualifications or judgments of what notices are or are not valid in relation to if the infringement is actual infringement, public domain, or fair use etc. Generally EMS will merely disable the content and let the notification/counter-notification process take place between the two parties. However, EMS does reserve the right to reject notices that do not follow the proper legal and below listed requirements for notification and take-down, or that EMS deems to be frivolous, baseless, or repeated harassment of a particular user. EMS also reserves the right to file suit in any case where the notifying party is using the DMCA Notice Procedure inappropriately.

Also note, any user of EMS Services that posts Materials that are found to have infringed on the copyright of others on multiple occasions, will find their ability to post Materials revoked, and may also have their account suspended or terminated.

Lastly, also please note, that DMCA notifications are LEGAL DOCUMENTS, and all information on them is considered PUBLIC INFORMATION. As such, these notices are not governed by any part of EMS's Privacy Policy.

To File a Notification of Alleged Infringement
A written notification must be made. This can be done either by fax or written letter (via regular mail). Emails will not be accepted unless a prior arrangement has been made. For the sake of expeditiousness, we prefer you fax your notification. If you prefer to mail it, you must also click the link below and provide additional information.

Please consult a lawyer that specializes in copyright law prior to filing a notice as you can be held legally responsible for making false claims, or claims where the materials in question were found to be used in fairly.

Per the law, your Notification must include:

1) What your copyrighted work is that you believe and are claiming is being infringed upon. You must provide a description and location that your copyrighted work can be found at.

2) Sufficient detail identifying the Material that is claimed to be infringing on item #1. This includes what network/channel's theme, what post, what image, what video, or what other Material you are claiming is infringing on the item named in #1.

3) Provide information that will enable use to contact you. This includes your address, telephone number, and preferably also an e-mail address.

4) Provide information that will enable us to contact the poster of the Materials you claim are infringing. This can include an address, account name, or e-mail address.

5) Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."

6) Include the following statement: "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."

7) Sign the paper

8) Send the written notification to our DMCA Agent.

Preferred Method: Fax the entire notification
(
206)338-3957, Attn: DMCA Complaints

Alternate Method: Mail the notification
Excelsior Media Studios, Inc.
Attn: DMCA Complaints
5000 Euclid Ave ste 301
Cleveland, OH 44103
* Note if you mail the notification you MUST also CLICK HERE to let us know you mailed it, otherwise it will not be received and processed in a timely manner and we will have no way to notify you if we don't receive it.

To File a Counter-Notification
A written notification must be made. This can be done either by fax or written letter (via regular mail). Emails will not be accepted unless a prior arrangement has been made. For the sake of expeditiousness, we prefer you fax your notification. If you prefer to mail it, you must also follow the link to provide additional information. A sample counter-notification can be found at: http://www.chillingeffects.org/dmca/counter512.pdf

Please consult a lawyer that specializes in copyright law prior to filing a counter-notice as you can be held legally responsible for making false claims.

Per the law, your Counter-notification must include:

1) Sufficient detail identifying the Material that was removed or that access was disabled to.

2) Provide your name, address, telephone number, and email address.

3) State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Cleveland, Ohio if your address is outside of the United States).

4) State that you will accept service of process from the person who provided notification of the alleged infringement under subsection (c)(1)(C) or an agent of such person.

5) State the following: "I swear, under penalty of perjury, that I have a good faith belief that the image, video, channel theme, or other material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

6) Sign the paper

7) Send the notification to our DMCA Agent.

Preferred Method: Fax the notification
(
206)338-3957, Attn: DMCA Complaints

Alternate Method: Mail the notification
Excelsior Media Studios, Inc.
Attn: DMCA Complaints
5000 Euclid Ave ste 301
Cleveland, OH 44103
* Note if you mail the notification you MUST also CLICK HERE to let us know you mailed it, otherwise it will not be received and processed in a timely manner and we will have no way to notify you if we don't receive it.

 
   
   

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