Digital Millennium Copyright Act (DMCA) Policy
Section 512 of the Copyright Law of the United States (17 USC §512; available online at
http://www.copyright.gov/title17/512) limits liability for copyright infringement by service
providers if the service provider has designated an agent for notification of claimed
infringement by providing contact information to the Copyright Office and through the service
providers website.
MadJackSports (J Wooden Corp.)) is a “service provider” within the meaning of Section 512 and
we have designated an agent to receive notification of alleged copyright infringement.
Our agent MadJackSports designated agent to receive notification of alleged copyright infringement is
John Wooden.
By mail: J Wooden Corp 3215 Woodland Ridge Columbus, IN 47201 By phone: 812-342-4816
By fax: 812-342-4816 By e-mail: jack@madjacksports.com
How to report a claim of infringement?
If you believe that a MadJackSports hosting client (hereinafter a Subscriber) has posted
material that infringes your copyright, you must submit a written claim to our designated agent.
Section 512 (c)(3)(A) requires that in addition to being written and addressed to our agent,
your claim of copyright infringement must provide the following information (the list below
comes straight from the statute; if you do not understand the language please seek
independent advice):
- 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
information reasonably sufficient to permit the service provider to locate the material.
- 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.
- 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.
MadJackSports is not required to respond to notices that do not meet the requirements of
Section 512 (c)(3)(A).
When filing an infringement claim, please include any URLs identifying the allegedly infringing
material along with any other information that might assist our agents investigation of your
claim.
Upon receipt of a valid claim (i.e., a claim in which all required information is substantially
provided) MadJackSports will undertake to have the disputed material removed from public
view, in accordance with Section 512 (g). We will also notify the Subscriber who posted the
allegedly infringing material that we have removed or disabled access to that material.
MadJackSports, as a service provider, has no other role to play either in prosecuting or
defending claims of infringement, and cannot be held accountable in any case for damages,
regardless of whether a claim of infringement is found to be true or false.
In the event that MadJackSports must remove, or disable access to, material on your site that is
alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that
MadJackSports may do so by disabling access to your entire web site.
Please note: If you materially misrepresent that material infringes your copyright interests, you
may be liable for damages (including court costs and attorneys fees) and could be subject to
criminal prosecution for perjury. MadJackSports will actively refer complainants who use the
DMCA for improper purposes to relevant law enforcement agencies.
How to make a counter notification
If you are a Subscriber and you feel that material you have placed online that has been
removed following an infringement complaint is in fact not an infringement, you may file a
counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must
be written and addressed to our agent (identified above) and must provide the following
information (again, the list below comes straight from the statute; if you do not understand the
language please seek independent advice):
- A physical or electronic signature of the subscriber.
- 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.
- A statement under penalty of perjury that the subscriber has 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.
- The subscribers name, address, and telephone number, and a statement that the
subscriber consents to the jurisdiction of Federal District Court for the judicial district in
which the address is located, or if the subscribers 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
under subsection (c)(1)(C) or an agent of such person.
MadJackSports is not required to respond to counter notifications that do not meet the
requirements of Section 512 (g)(3).
Our designated agent will present your counter notification to the person who filed the
infringement complaint. Once your counter notification has been delivered, MadJackSports is
allowed under the provisions of Section 512 to restore the removed material in not less than ten
nor more than fourteen days, unless the complaining party serves notice of intent to obtain a
court order restraining the restoration.
It is MadJackSports policy to terminate Subscribers who are found to be repeat infringers.
MadJackSports accommodates and does not interfere with standard technical measures, as that term
is defined in Section 512(i)(2).