Reporting Copyright Infringement to Cognism – Digital Millennium Copyright Act
Cognism, Inc. (including of its subsidiaries and affiliates (collectively, “Cognism”)) respects the intellectual property rights of others. If a copyright owner believes that their copyright-protected content appears and/or is otherwise made available on the web site at media-server.com (the “Web Site”) without authorization, the copyright owner may, per the U.S. Digital Millennium Copyright Act (DMCA), initiate a “notice-and-takedown” procedure to have the content removed.
The following is an overview of how the DCMA notice-and-takedown procedure operates:
- If a copyright owner believes that the Web Site includes infringing content, the copyright owner may send a corresponding Notification of Claimed Infringement to Cognism.
- Provided that the Notification of Claimed Infringement is effective, Cognism will: (i) promptly remove the content; and (ii) promptly provide the Notification of Claimed Infringement to the content owner and notify the content owner that the content has been removed.
- If the content owner believes that the Notification of Claimed Infringement was wrongfully submitted (due to mistake or misidentification), the content owner may send a Counter-Notification to Cognism.
- If Cognism receives an effective Counter-Notification, then Cognism will send a Reinstatement Notification to the copyright owner. This Reinstatement Notification will indicate that the removed content will be reinstated in not less than ten (10) business days and no more than fourteen (14) business days, unless Cognism first receives notice from the copyright owner that a legal action has been initiated by the copyright owner in relation to the content.
There are a number of items of information that a Notification of Claimed Infringement or a Counter-Notification must include in order to be effective; additionally, in order to be effective, the Notification of Claimed Infringement and Counter-Notification must be sent to a particular person designated for this purpose (Cognism’s “Designated Agent”). Information regarding the requirements for Notification of Claimed Infringement and Counter-Notification, as well as contact information for the Designated Agent, are provided below.
Under 17 U.S.C. § 512(f), a Notification of Claimed Infringement or Counter-Notification that includes a knowing material misrepresentation may subject the submitter of such Notification of Counter-Notification to damages, including costs and attorney’s fees.
Requirements for an Effective Notification of Claimed Infringement
For your Notification of Claimed Infringement to be effective, it must include substantially the following items of information:
- A physical or electronic signature of a person authorized to act for and on behalf of the copyright owner;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the content that is claimed to be infringing, and information reasonably sufficient to permit Cognism to locate the content (e.g., specific URLs where the content may be found);
- Information reasonably sufficient to permit Cognism to contact you, including an address, telephone number, and, if available, an electronic mail address;
- 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 any law; and
- 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.
Requirements for an Effective Counter-Notification
For your Counter-Notification to be effective, it must include substantially the following items of information:
- Your physical or electronic signature;
- Identification of the content and the location (e.g., URL) at which the content appeared before it was removed;
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- Your name, address, and telephone number; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district of Manhattan, New York, NY, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person.
Contact Information for Designated Agent
As noted above, a Notification of Claimed Infringement or must be sent to Cognism’s Designated Agent to be effective. Cognism’s Designated Access can be reached as follows (email preferred):
Via email at: email@example.com
Via post at:
2 Woodberry Grove