DMCA

PROVIDING NOTICE OF COPYRIGHT VIOLATIONS PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT

Peer To Patent, a project of New York Law School (“we”), will respond to allegations of copyright violations on www.www.peertopatent.org (the “Website”) pursuant to the Digital Millennium Copyright Act (DMCA), 17 USC 512.

The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content and, if appropriate, putting it back.

On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we may restore the content in question.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content on the Website is infringing your copyrights.

Filing a Notification

Your request for take-down must be made in writing, and must include the following:

1. Identify in detail the copyrighted work that you believe has been infringed.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above and which you request be removed or disabled. This identification must be in sufficient detail to permit us to locate the material.

3. Provide information reasonably sufficient to permit us to contact you, such as your email and mailing address.

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above, in the manner complained of, is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I declare, 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.”

7. Sign the notification with the physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is claimed to have been infringed.

Send the written communication to:

Fred DeJohn, Designated Copyright Agent, New York Law School, 57 Worth St. New York, NY 10013.

Filing a Counter-Notification

The submitter of affected content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. We may reinstate the material in question after receiving a counter-notification.

To file a counter-notification with us, you must provide a written communication by mail that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that the content complained of is not infringing upon copyrights of others.

To expedite our ability to process your counter-notification, please use the following format:

1. Identify the specific material that we have removed from the Website or to which we have disabled access, and the location at which the material appeared before it was removed or disabled.

2. Include the following statement:

I declare, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

My name, address, e-mail address and telephone number are as follows:

(address here)

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which New York Law School may be found).

I agree to accept service of process from the complainant.

My signature follows:

(actual or electronic signature here)

3. Include the following statement: “I declare, under penalty of perjury, that I 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.”

4. Sign the paper.

Send the written communication to:

Fred DeJohn, Designated Copyright Agent, New York Law School, 57 Worth St. New York, NY 10013.

This instruction on Providing Notice of Copyright Violations Pursuant to the DMCA forms part of the Terms of Use for this website.

Updated: June 15, 2007