DMCA Notice and Takedown Procedure
Notice and Takedown Procedure Related to Alleged Copyright Infringement
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that must be included in the alleged copyright infringement notice. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
It is expected that all users of any part of the NCRC website will comply with applicable copyright laws. However, if NCRC receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users or subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
The NCRC’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Sonya Bryant, Copyright Officer
Physical Mail: Copyright Officer, National Community Reinvestment Coalition, 740 15th Street, NW, Suite 400, Washington, DC 20005
Phone: (202) 628-8866
Upon receipt of proper notification of a claimed infringement, the NCRC will follow the procedures
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the NCRC’s Registered Agent (listed above) with a written communication (preferably via email) that must –
- Be signed (whether in writing of via electronic signature) by the copyright owner or agent;
- Identify the original copyrighted work (or works if there are multiple) you claim has been infringed;
- Identify the material that is infringing your copyrighted work;
- Include contact information so the designated agent can reach you, if necessary;
- Include a statement your complaint is in “good faith;
- Include a statement the information in the notification is accurate; and
- Include a statement that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide the NCRC’s Registered Agent (listed above) the following information in a written communication (preferably via email) that must –
- Be signed (whether in writing of via electronic signature)
- Include your name, address, and phone number
- Identification of the material and its location before removal
- Include a statement of consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.
- Include a statement under penalty of perjury that the material was removed by mistake or misidentification
Upon receipt of such counter notification, the NCRC will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that the NCRC will replace the removed material or cease disabling access to it in 10 business days. NCRC will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, the NCRC will, in appropriate circumstances, disable and/or terminate the accounts or access of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is NCRC’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the NCRC determines are reasonable under the circumstances.