FilmSpurLLC DBA AudPop Digital Millennium Copyright Act Compliance Policy and Procedure
The Site Service
This page explains the policy and procedure for compliance with the Digital Millennium Copyright Act for the website at audpop.com and the applications, web services and other mechanisms associated with the AudPop service. The service is operated at 1121 E Broadway Ste 135, Missoula, MT 59802 (“AA”).
Digital Millennium Copyright Act: Copyright Matters.
AA has adopted a policy that the accounts of users of the service who are repeat infringers will be terminated in appropriate circumstances.
Pursuant to Title 17, United States Code, Section 512(c)(2) and (d), notifications of claimed copyright infringement must be submitted to the following AA Designated
Damon Banks, Copyright Agent
Missoula, MT 59802
To be effective, the notification of copyright infringement must be a written communication that includes the following:
- a physical or electronic signature of 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 the service provider AA to locate the material (“content”);
- information reasonably sufficient to permit the service provider AA to contact the complaining party, such as an address, telephone number, and, if available, an email 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 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; and
- any other requirements under U.S. law.
In response to such a written communication, AA may take steps to give notice to its affected registered user, which may include a general notice on this site, electronic mail to the user’s email address in AA’s records, or by written communication sent by first-class mail to the user’s address on AA’s records.
Alleged Infringing Party:
If you believe your content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notification containing the following information to the copyright agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement under penalty of perjury that you have a good-faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content;
- our name, address, telephone number and email address;
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Federal District Court for any judicial district in which AA may be found having jurisdiction over Missoula, MT;
- a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notification is received by the copyright agent, AA may send a copy of the counter-notification to the original complaining party informing that person that AA may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner receives notice from the original complaining party informing AA that the original complaining party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) or more business days after receipt of the counter-notification, at AA’s sole discretion.
Legal Concerns Other Than Copyright
If a visitor to the site, user of the site or other third party believes that content or activity at the site raises legal issues affecting that visitor other than copyright (by way of example: trademark, privacy, disparagement) that visitor may follow the procedures outlined above for DMCA claims and a representative of AA will investigate.