DMCA 2017-05-02T15:12:11+00:00

DMCA Notice

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

DMCA Provisions

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter Notice to the website owner and/or the ISP.

Notification Of Claimed Copyright Infringement

Please send DMCA notifications of claimed copyright infringement to:

THE WEBSITE OWNER
Copyright Agent
Michael Grace Publishing LLC
1366 Grantham Dr
Sarasota, FL 34234

THE INTERNET SERVICE PROVIDER ("ISP")

Copyright Agent
Lightning Base LLC
5040 Edinbrook Ln
Edina, MN 55436
USA
service[at]lightningbase.com

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. An identification of the copyrighted work claimed to have been infringed;
  3. A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
  4. Your name, address, telephone number and email address;
  5. A statement that you 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For complete details about the information required for valid DMCA notification, see 17 U.S.C. § 512(c)(3).

How to File a Counter Notice

The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act.

To file a counter notification with us, you must provide a written communication (by either responding to the DMCA takedown notice email we sent you or through regular mail) that sets out the information specified in the list below. Please note - you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification, we suggest that you first contact a lawyer.

To facilitate our ability to process your request, please make sure you include each item listed below:

  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. Sign the document with your physical or electronic signature; and
  7. Send the written communication to:

THE WEBSITE OWNER
Copyright Agent
Michael Grace Publishing LLC
1366 Grantham Dr
Sarasota, FL 34234

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, Michael Grace Publishing LLC will, in appropriate circumstances, disable and/or terminate the accounts of users and / or contributors who are repeat infringers.