Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Brightest & Brightest has designated a Legal Representative to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Brightest & Brightest’s Legal Representative the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Web Site;
- Your address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Brightest & Brightest’s Legal Representative for Notice of claims of copyright infringement can be reached by email.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Brightest & Brightest may remove or disable access to the material that is alleged to be infringing;
- Brightest & Brightest may forward the written notification to such alleged infringer; and
- Brightest & Brightest may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Brightest & Brightest’s Legal Representative.
To be effective, a Counter-Notification must be a written communication provided to the Brightest & Brightest’s Legal Representative for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- 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 access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Brightest & Brightest may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- Brightest & Brightest may promptly provide you with a copy of the Counter-Notification;
- Brightest & Brightest may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- Brightest & Brightest may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Brightest & Brightest’s Legal Representative for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Brightest & Brightest’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.