Notice and Procedure for Making Claims of Copyright Infringement
BAPassociates clients are required to respect the legal protection provided by copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to BAPassociates copyright agent the information listed below. This procedure is exclusively for notifying BAPassociates that your copyrighted material has been infringed:
- An electronic or physical signature of the person legally 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 infringes your copyright is located on the site.
- Your address, telephone number and e-mail address.
- A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- 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 legally authorized to act on behalf of the copyright owner.
Designation of Agent to Receive Notification of Claimed Infringement
A notification of claimed copyright infringement must be provided in writing to:
Copyright Agent
Address:
Phone:
Fax:
E-mail:
Upon receipt of notification of claimed copyright infringement, BAPassociates will follow the procedures In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. ยง 512) (“DMCA”).
Notice
If BAPassociates is notified of a credible claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing.
Counter-Notification Procedures
Please email: ____________________with the words “DMCA Counter – Notice” in the subject line
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An 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 disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United State of America for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to the address set out above.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within seven business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.