If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify One Avenue’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;?
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 One Avenue to locate the material;
- Information reasonably sufficient to permit One Avenue to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party must be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the following address:
One Avenue LLC
Attention: One Avenue Copyright Agent
P.O. box 531746 Livonia, MI 48153
Only DMCA notices mailed to the address above or emailed to email@example.com will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, One Avenue may remove the content identified as being infringing. In addition, One Avenue may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.
Digital Millennium Copyright Act
- An identification in sufficient detail of the copyrighted work you believe to have been infringed;
- An identification of the content that is alleged to be infringing (all items should be mentioned separately);
- Sufficient information to help One Avenue to locate the allegedly infringing content;
- Sufficient contact information to notify the reporting party of One Avenue’s response (please include a physical address, telephone number, and email address);
- The following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.";
- An identification of the user who may be responsible for the infringing activity;
- The following statement: "I swear, 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.";
- A physical or electronic signature of the owner or their authorized agent; and
- Send the correspondence to the following address:
One Avenue Attn: DMCA Agent P.O. box 531746 Livonia, MI 48153 Email: firstname.lastname@example.orgUpon receipt of your DMCA takedown notice, we will make reasonable attempts to assist you if we can, recognizing that our system is designed to maximize users privacy and that we maintain no logs tracking our users’ activities. If a notice lacks any of the aforementioned necessary elements, it may be deemed an invalid notice and One Avenue will not attempt to investigate it. Please be aware that pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or that that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Counter-NotificationsIf we are able to help you identify a user or other third party that is subject to your notice, be aware that we abide by the DMCA’s counter-notification provision. Specifically, the DMCA provides a means for those reported for copyright infringement using a DMCA notice to provide a response to address the original Complaint. 17 U.S.C. §§ 512(g)(2)-(3). As with DMCA takedown notices, DMCA counter-notifications have certain statutory requirements, which we have listed below. Again, if you are unsure as to whether you should provide a counter-notification, please contact an attorney specializing in intellectual property issues.
- Sufficient information to identify you, including name, address, telephone number, email address, and a statement consenting to the Federal jurisdiction where your address is located, and that you agree to receive service of process from the party who provided the original DMCA notice under 17 U.S.C. § 512(c)(1)(C);
- A physical or electronic signature;
- An identification of the content that is alleged to be infringing (all items should be mentioned separately) and removed;
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that transmission of [insert file name here] identified above was blocked as a result of a mistake or misidentification of the material to be blocked"; and
- Send the correspondence to the following address
One Avenue Attn: DMCA Agent P.O. box 531746 Livonia, MI 48153 Email: email@example.com