DMCA
Digital Millennium Copyright Act
Introduction
We at MojoStreaming believe strongly in protecting legitimate copyright
rights. We will respond appropriately to notices of infringement that comply
with all the requirements of Section 512 of the Digital Millennium Copyright
Act (“DMCA”) (http://www.copyright.gov/title17/92chap5.html#512) and any other
applicable intellectual property laws. Such response may include either
removing specific information or disabling access to it through MojoStreaming.
If we disable access to any material, we will make a good faith effort to
contact the site or person affected to notify them of such removal, allowing
them to make a counter notification pursuant to sections 512(g)(2) and (3) of the
DMCA.
Copyright
Holders
If you are a copyright holder, MojoStreaming is dedicated to assisting
you in maintaining your rights to your artistic and intellectual output. We are
committed to following the letter and the spirit of the DMCA and other
applicable copyright laws. If you feel like you have work that is being
infringed, or if you have work that you’d like to have access to a wider
audience, please email Bernard at Bernard@mojostreaming.com to discuss. We’d
like to discuss arrangements whereby you retain control, can monitor access,
and were we can reach an amenable agreement as to terms of distribution.
Infringement
Notifications
To file a notice of infringement with MojoStreaming, we ask that you
provide us with a written communication sent by regular mail (email is not
acceptable unless agreed to in advance).
DMCA
Section 512 (c) (3) (A) describes the necessary elements of notification.
Specifically subsection (iii) requires “Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material,”
and Section 512 (d) (3) allows for “identification of the reference or link, to
material or activity claimed to be infringing, that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit the
service provider to locate that reference or link.”
We ask
that a notification contain the following items:
1. Identify in plain language the copyrighted work upon which you are claiming
infringement. An example might be the name of a movie or show.
2. Identify the location of any links, references, excerpts or other text
relating to the work in question on MojoStreaming. We ask that you
provide annotated or highlighted printouts of MojoStreaming screens to
ensure clarity.
3. Enough contact information, so that we may contact you should we have any
questions.
4. For linked material, any information you have on the location or identity of
the website or server containing the material in question.
5. The following statement: “I have a good faith belief that the copyrighted
information described above is not authorized by the copyright holder or its
legal agent.”
6. The following statement; “I swear under penalty of perjury that I am the
copyright owner or am authorized to act on behalf of the owner.”
7. Your signature
Notifications should be mailed to:
MojoStreaming
Attn: DMCA Notification
216 Gilmour Ave.
Toronto
ON Canada
M6P 3B4
It is MojoStreaming’s
policy to publicly post all notices of infringement upon which we take
action. Notices of infringement may be forwarded to third parties for review.
Counter
Notifications
Material cataloged by the MojoStreaming directory is submitted by and
kept by individuals around the globe. MojoStreaming will generally have
no formal affiliation or direct business relationship with these individuals or
their web sites, although many may have registered with the site. We may or may
not be able to locate contributors of information or administrators or owners
or sites linked to, but will make a reasonable effort to contact effected
parties, allowing them to file counter notifications in keeping with DMCA
Section 512 (G) (2) and (3).
A sample
counter notification can be found at
http://www.chillingeffects.org/dmca/counter512.pdf.
We ask
that counter notifications contain the following information:
1. Identify the specific material that MojoStreaming has removed from
the site. Examples include both text and URLs.
2. Enough contact information including your name, address, telephone number
and email address.
3. Your signature
Counter Notifications should be mailed to:
MojoStreaming Ltd.
Attn: DMCA Notification
216 Gilmour Ave
Toronto
ON
Canada M6P 3B4
Designated
Agent
Please send written communications, including notifications, counter
notifications and relevant inquiries, to:
MojoStreaming
Ltd.
Attn: DMCA Notification
216 Gilmour Ave
Toronto,
ON Canada M6P 3B4
Reference Material
FAQ about DMCA Safe Harbor Provisions:
http://www.chillingeffects.org/dmca512/faq.cgi DMCA
Section 512
http://www.copyright.gov/title17/92chap5.html#512 Copyright
Office: Online Service Providers
http://www.copyright.gov/onlinesp/