Copyright Infringement Policy and Take-Down Procedure for www.austinpost.org
Notice and Takedown Procedure
Trilogy Enterprises, Inc. d/b/a AustinPost (“AustinPost”) has adopted this Copyright Infringement Policy and Take-Down Procedure (“Policy”) for the website www.austinpost.org (“Site”) and all use of the Site by any person, either individually or on behalf of an entity (“User”) shall be subject to this Policy.
It is our intent to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act or DMCA (“Notice(s)”). This Policy describes the information that must be present in any proper Notice. The form of Notice specified herein 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).
Our Site Terms and Conditions as well as our Registered User Terms and Conditions require that all Users (including Users registered with the Site (“Registered Users”)) comply with applicable copyright laws when publishing content or linking to content on another site (“User Content”), and we expect compliance with these requirements. If, however, AustinPost receives proper Notice, We will remove or disable access to such allegedly infringing User Content, and we may terminate the Registered User responsible for such material.
If we remove or disable access to any User Content in response to a Notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or User 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.
AustinPost’s Designated Agent to receive notification of alleged infringement under the DMCA is: Tim Ziegler
Copyright Agent, AustinPost
Physical Mail: 401 Congress Avenue, Austin, TX 78701
Upon receipt of proper Notice of claimed infringement, We will follow the procedures outlined herein and in the DMCA.
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 AustinPost’s Registered Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AustinPost to locate the material;
3. Information reasonably sufficient to permit AustinPost to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have 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";
5. 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"; and
6. A physical or electronic signature of the owner or a person 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.
The User who provided content subject to a claim of infringment 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 AustinPost’s Registered Agent (listed above) the following information in a written communication (preferably via email):
1. 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;
2. Your name, address, and telephone number;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.
Upon receipt of such counter notification, AustinPost will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that AustinPost will replace the removed material or cease disabling access to it in 10 business days. AustinPost will replace the removed material and cease disabling access to it not less than 10 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 CMLAustinPost will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is AustinPost’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the AustinPost determines are reasonable under the circumstances.