DMCA Notice of Copyright Infringement
last modified on 03/31/2020
Digital Millennium Copyright Act Notification Guidelines
It is our policy to respond to clear notices of claimed copyright infringement that fully comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers”.
Please note that under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. Elektricity may, at its discretion, share a copy of your notification or counter-notification with third parties (this may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication).
Notification of Infringement
If you are a copyright owner or an agent thereof, and you believe that any material content hosted on our websites infringes your copyrights, then you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Elektricity’s Designated Copyright Agent with the following information in writing:
- 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.
- 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 Elektricity to locate the material. Providing a link to the broadcaster’s feed and the timestamp of the particular segment of the feed at which you believe there has been an infringement is the best way to help us locate content quickly.
- Include 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 the law.
- The information in the notification is accurate, and a statement under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (For example, “The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”)
- Information reasonably sufficient to permit Elektricity to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (typing your full legal name is sufficient).
If you fail to comply with all of the requirements of the DMCA for notifications, we may not act on your communication.
If you elect to send us a counter notification, to be effective it must be a written communication that includes all of the following:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- Include a statement that:
- You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the judicial district in which Elektricity is located, and will accept service of process from the claimant. (For example, “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Elektricity is located, and will accept service of process from the claimant.”
- You swear, under penalty of perjury, that you 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. (For example, “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your full legal name, email address, physical address, and telephone number.
- Your physical or electronic signature (typing your full legal name is sufficient).
If you fail to comply with all of the requirements of the DMCA for counter-notifications, we may not act on your communication.
Elektricity honors retractions of claimed copyright infringement notices from the party that originally submitted them, to the extent possible. If you are affected by a notice, you can reach out to the claimant directly to seek a retraction. Please note, however, that Elektricity may not be able to reinstate certain content.
If you wish to retract your claimed copyright infringement notice, please email firstname.lastname@example.org from the same email address as your original notification. Note that we cannot process retractions that are sent from a different email address. Your retraction must include the following:
- Clearly identify the material you wish to retract, include a specific URL
- The date of your original notification and the Claim ID, if applicable
- An electronic or physical signature (typing your full legal name will do)
Designated Copyright Agent
Elektricity, LLC. operates http://22.214.171.124.xip.io.
Elektricity’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Mailing Address: Attention: Copyright Agent, 318 Isleta Blvd SW, Albuquerque, NM 87105
Phone: (323) 515-2239
Only DMCA-related notifications should be sent to Elektricity’s Designated Copyright Agent. Any other requests for support or other communications should be directed to Elektricity customer service through http://126.96.36.199.xip.io/contact.
Repeat Infringer Policy
Elektricity will promptly terminate any user’s access to the Elektricity Service if that user is determined by Elektricity to be a “repeat infringer” of copyrighted works. Elektricity may, at its sole discretion, limit access to the Elektricity Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.