IMPORTANT
If you’re neither the Owner nor a Licensed Attorney/Enforcement Official, particularly the self-proclaimed ‘DMCA Agent”, please be advised that,
It’s a CRIME to conduct law business without appropriate licensing by the American Bar Association — Unlicensed Practice Of Law (UPL) Business & Professions Code 6125 & 6126 refers.
Allegations of Copyright Infringement under Digital Millennium Copyright Act (‘DMCA’)
For allegations of Copyright Violation under Digital Millennium Copyright Act (‘DMCA’), please ensure compliance as follows:-
- The material in question must be legally copyrighted, the copyright has not expired, and not in the public domain and may be reproduced by anyone.
- You as the complainant must provide copyright registration information or other tangible evidence that the material in question is in fact copyrighted. Otherwise, the allegation of copyright violation is therefore in dispute, and at present unsupported.
- You as the complainant must hold the copyright to the material in question, must be the designated representative of the copyright holder, and therefore may assert that my use of the material is a violation of any of the owner’s rights.
- You must follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3),
- Provide a complaint in written form. [17 USC 512(c)(3)(A)]
- Include a physical or electronic signature of the complainant. [17 USC 512(c)(3)(A)(i)]
- Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]
- Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]
- Provide sufficient information to identify yourself, including full name, mailing address, telephone number, and email address. [17 USC 512(c)(3)(A)(iv)]
- Include a written statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512(c)(3)(A)(v)]
- Include a written 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. [17 USC 512(c)(3)(A)(vi)]
Last but not least, my use of the material is legally protected because it falls within the “fair use” provision of the copyright regulations, as defined in 17 USC 107.
This communication to you is defined in 17 USC 512(g)(3). And if you proceed to file a claim by declaring, under penalty of perjury, that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law. I will respond with Counter Notice under 17 USC 512(g)(2)(B), as well as criminal prosecution under Unlicensed Practice Of Law (UPL) Business & Professions Code 6125 & 6126.
Sexily yours,
Ricky Rodell, ScandalShack.com