This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is our policy (“BrainReference”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the BrainReference computing system are required to respect the legal protections provided by applicable copyright law.
BrainReference’s Designated Agent to receive notification of alleged infringement under the DMCA is: Upon receipt of proper notification of claimed infringement, BrainReference will follow the procedures outlined herein and in the DMCA.
Compliant Notice Procedures for Copyright Owners
The following elements must be included in your copyright infringement claim:
- An electronic or physical signature of the copyright owner or 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 notice, 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 BrainReference to locate the material.
- Information reasonably sufficient to permit BrainReference 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.
- 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.
- A statement that the information in the notice 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.
Failure to include all of the above information may result in a delay in the processing or the DCMA notification.
Notice and Takedown Procedure
It is expected that all users of any part of the BrainReference system will comply with applicable copyright laws. However, if BrainReference receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. BrainReference will comply with the appropriate provisions of the DMCA in the event a counter-notification is received.
Under appropriate circumstances, BrainReference may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is BrainReference policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Last Modified: May 26, 2020