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How to Report a Claim of Infringement
**All information in the following section was adapted from Central
Missouri State University's DMCA web site.**
The Digital Millennium
Copyright Act requires that a claim of copyright infringement sent
to our designated agent provide certain information specified below. Before
submitting a notice, please try to determine that the service provider
really is associated with Lowell Telecommunications
Corporation or the Lowell Community Technology Consortium. The City
of Lowell, for example, is a separate entity, typically with its own DMCA
agent. The Copyright Office maintains a list
of DMCA agents.
DMCA section (512) (f) defines penalties for knowingly misrepresenting
a claim.
DMCA section 512 (c) (3) (A) requires the following of notices alleging
copyright infringement:
ELEMENTS OF NOTIFICATION. To be effective under this subsection,
a notification of claimed infringement must be a written communication
provided to the designated agent of a
service provider that includes substantially the following:
(i) A physical signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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.
[Please include a URL such as http://... or ftp://... identifying the
material or representative material. If possible specify any IDs, passwords,
or other authorization required to access the material. Please specify
date, time, and time zone from which the material was observed. Technicians
may require time information in order to identify dynamically assigned
internet locations.]
(iv) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.
(v) 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.
(vi) 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.
DMCA Section 512 (d) (3) requires similar information for notices requesting
removal of links or other references to infringing materials.
The DMCA requires prompt acknowledgment and action from the registered
DMCA agent. The registered DMCA agent will forward any counter-claims.
Laws such as the U.S. Family Educational Right to Privacy Act may
control to what extent Lowell Telecommunications
Corporation (LTC) can identify specific members or how to contact
them. The DMCA states that someone wanting to make a counter-claim
must provide adequate identification and contact information.
Form to Claim Copyright
Infringement
(pdf format requires Acrobat
Reader)
Clicking the above link will display a form to claim copyright
infringement. Type the required information in the designated fields,
print the form, sign it, and fax it or send it through the mail
to the designated agent.
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