Submitting a Copyright Infringement Claim
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Procedure for Submitting a Copyright Infringement Claim
Blue Stream Communications is registered under the Digital Millennium Copyright Act of 1998 (the “DMCA;” see 17 U.S.C. §512). Under the DMCA, copyright owners have the right to notify Blue Stream Communications if they believe that a Blue Stream customer has infringed the copyright owner’s work(s). If you believe that a Blue Stream Communications’ customer has copied your work in a way that constitutes copyright infringement, you may file a Notification of Claimed Infringement with Blue Stream Communications’ designated DMCA agent. The DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with Blue Stream Communications.
To serve a Notification of Claimed Infringement on Blue Stream Communications or any affiliated entities, send your Notification to:
Address to which Notification should be sent:
Attn: DMCA Agent
Blue Stream Communications
12409 NW 35 Street
Coral Springs, FL 33065
To be effective under the DMCA, the Notification of Claimed Infringement must be a written communication provided to Blue Stream Communications’ designated agent and must include the following information:
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 the infringing IP address, time, date and the time zone to permit Blue Stream Communications to locate the material.
Information reasonably sufficient to permit Blue Stream Communications 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 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.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, Blue Stream Communications will notify the customer of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on a Blue Stream domain. No personal, customer information is shared with the copyright owner unless required by law.
If Blue Stream receives more than one Notice of Copyright Infringement on the customer’s part, the customer may be deemed a ‘repeat copyright infringer.’ Blue Stream Communications reserves the right to terminate the accounts of ‘repeat copyright infringers.’
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Blue Stream Communications’ designated agent.
To be effective, a Counter-Claim must be a written communication provided to Blue Stream Communications’ designated agent and must include the following information:
A physical or electronic signature of the subscriber.
The original DMCA Claim.
Identification of the material that was the subject of the notice of copyright infringement and the location at which the material appeared.
A statement under penalty of perjury that the subscriber has a good faith belief that the notice of copyright infringement was a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address and telephone number and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a DMCA Counter-Claim, Blue Stream Communications will provide the complaining party with a copy of the DMCA Counter-Claim. When Blue Stream receives a Counter-Claim that meets the requirements of the DMCA, Blue Stream will process the Counter-Claim in accordance with the requirements of the DMCA.
NOTE: The information on this page is provided to you for informational purposes only and is not intended as legal advice. If you believe your rights under United States copyright law have been infringed, you should consult with your attorney.