Waggener Edstrom Worldwide, Inc. has adopted this policy in accordance with the Digital Millennium Copyright Act (“DMCA”). 1. Infringement Policy
Waggener Edstrom will respond to clear notices of alleged copyright infringement that comply with or substantially comply with the requirements set forth below. Waggener Edstrom does not act as an arbiter or judge of disputes about intellectual property rights. It is Waggener Edstrom’s policy to disable access to or remove content (“Content”) posted or displayed on Waggener Edstrom’s blogs or elsewhere on Waggener Edstrom’s websites (collectively, the “Site”) that it believes in good faith is infringing a copyrighted work. By disabling access to or removing Content, as a prudential matter, Waggener Edstrom is not endorsing or validating a claim of infringement. If Waggener Edstrom disables access to or removes Content from the Site, Waggener Edstrom will make a good-faith attempt to contact the party responsible for posting or displaying the Content so the owner may make a counter-notification as provided for below. It is also Waggener Edstrom’s policy to suspend and/or terminate access of users that Waggener Edstrom believes are repeat copyright infringers. Waggener Edstrom will document notices of alleged infringement and counter-notifications. 2. Designated Agent In accordance with the DMCA, Waggener Edstrom has a Designated Agent to handle copyright infringement notices and counter-notifications. Designated Agent’s contact information: Waggener Edstrom Worldwide, Inc. Attn: Vice President, Legal Services & Business Affairs Address: Three Centerpointe Drive, Suite 500, Lake Oswego, OR 97035 Fax: (503) 443-7001 Phone: (503) 443-7000 E-mail: WELEGAL@waggeneredstrom.com 3. Infringement Notification
If you believe your work has been displayed or otherwise used on the blogs or elsewhere on the Site in a manner that infringes your copyright, you must provide written notification of such to Waggener Edstrom’s Designated Agent via mail, fax, or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by Content on the blogs or elsewhere on the Site. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to Waggener Edstrom’s Designated Agent.
You must use the following format for your written notification:
(a) Identify in sufficient detail your copyrighted work that you believe has been infringed by Content on the blogs or elsewhere on the Site; (b) Identify the Content on the blogs or elsewhere on the Site that you claim infringes your copyrighted work. You must identify all Content that you believe infringes and describe how the Content infringes your work. In addition, you are required to describe where the Content is located on the blogs or elsewhere on the Site with sufficient detail so that Waggener Edstrom can verify its existence and remove it if Waggener Edstrom believes in good faith that it infringes. In the event that the allegedly-infringing Content is located in more than one place on blogs or elsewhere on the Site, identify each location; (c) Provide your contact information, including your full name, mailing address, telephone number, and e-mail address; (d) Provide information, if possible, sufficient to permit Waggener Edstrom to notify the owner or administrator of the allegedly-infringing Content; (e) Include a statement that, under the penalty of perjury, you have a good-faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) Include a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and (g) Sign the written notification physically or electronically.
In addition to the foregoing, it would help if you included a copy of the copyright Certificate of Registration for your work or other information that supports your claim that the work is protected by copyright and that you are the owner of that copyright.
4. Review of Infringement Notices
After the Designated Agent receives your infringement notice, Waggener Edstrom will review it. If your notice contains the required information as explained above and if Waggener Edstrom has a good-faith belief that the Content is infringing your copyright, Waggener Edstrom will remove or disable access to the infringing Content. 5. Counter Notification The provider of affected Content may make a counter notification pursuant to the DMCA. To file a counter notification, you must provide written notification to Waggener Edstrom via mail, fax, or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your Content is not infringing the copyright of a third party. If you are unsure whether your Content infringes the work of a third party, we recommend that you contact an attorney before sending notice to Waggener Edstrom’s Designated Agent. You must use the following format for your written notification: (a) Identify the Content that has been removed, including a description of where the Content was located on the blogs or elsewhere on the Site before it was removed. In the event that the Content was located in more than one place on the blogs or elsewhere on the Site, you should identify each location; (b) Provide your contact information, including your full name, mailing address, telephone number, and e-mail address; (c) Include a statement that, under the penalty of perjury, you have a good-faith belief that the Content was removed or blocked as a result of mistake or misidentification of the Content to be removed or blocked; (d) Include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the District of Oregon; that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person; and (e) Sign the written notification physically or electronically. 6. Review of Counter Notification
After the Designated Agent properly receives your counter notification, Waggener Edstrom will review it. Waggener Edstrom may determine that the Content is not infringing and may reinstate the Content or access to the Content on the blogs or elsewhere on the Site.
7. Notice of Repeat Infringement and Account Termination
Waggener Edstrom will, if appropriate, suspend or terminate repeat infringers’ access to the blogs and/or the Site. If you believe a user is a repeat infringer, please follow the instructions above to contact Waggener Edstrom’s Designated Agent and provide sufficient information so Waggener Edstrom can verify that the user is a repeat infringer.
Effective: November 8, 2010