This policy implements the procedures set forth in 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. Movie Prop Sites, LLC (“MPS”), a Delaware limited liability company respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of MPS’s Services are required to respect the legal protections provided by applicable copyright law.
2.INTELLECTUAL PROPERTY PROTECTION
A. Intellectual Property. Intellectual Property is a concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, and trade secrets. MPS respects the Intellectual Property rights of third-parties.
B. Copyright Protection. A copyright is a form of intellectual property protection provided to authors of “original works of authorship,” including literary, dramatic, musical, artistic, and other intellectual works. A copyright is owned by the creator of it, typically. Copyrights are registered by the Library of Congress’ Copyright Office. The Copyright Act of 1976 affords a copyright owner the exclusive right to reproduce the copyrighted work, prepare derivative works, distribute copies or phonorecords, perform the copyrighted work publicly; and display the copyrighted work publicly. A copyright protects the form of expression rather than the subject matter. A violation of a copyright owner’s rights is known as copyright infringement. The fact that a work is available on the Internet or somewhere else does not make it available for any use. Permission may be required to use a copyrighted work that is not in the public domain or subject to fair use. Not only are you prohibited from using all the rights reserved by MPS in its copyrighted works, but MPS must take down content uploaded by third parties that infringes upon someone else’s copyright.
C. Trademark Protection. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The owner of a trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks.
3. COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof, and you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing MPS’s Designated Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located reasonably sufficient to permit MPS to locate the material (Providing URLs is the best way to help us locate content quickly);
(iv) information reasonably sufficient to permit Movie Prop Sites, LLC to contact you, such as an address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Under Section 512(f) of the DMCA, you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing.
You may submit your DMCA notice using our automated form in Section 6, or by sending it to MPS’s Designated Agent by mail or e-mail as set forth below in Section 5.
Note: MPS will send a copy of such notices (which will include the personal information you supply in your notice) to the individual that uploaded the allegedly infringing content. Additionally, please note that MPS may, at our discretion, send a copy of such notices to a third-party for publication. As such, your notice (with personal information removed) may be forwarded to Chilling Effects for publication. Finally, MPS may, at our discretion, publish your notice (with personal information removed) on our Services in place of removed content.
4. OTHER MATTERS
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, ‘trademark’) and provide the information requested in Section 3 above.
5. COPYRIGHT/INTELLECTUAL PROPERTY AGENT
MPS’s Designated Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Registered Agent
Sean M. Lynn, Esquire
308 South State Street
Dover, DE 19901
You may also send a notification of claimed infringement, including all 6 elements noted in Section 3 to email@example.com
Note: If you do not include all of the above information, it may invalidate your notification or cause a delay of the processing of the DMCA notification.
For clarity, only copyright and other intellectual property notices should go to the Movie Prop Sites, LLC Designated Agent. Any other feedback, comments, requests for technical support or other communications should be sent through our Contact page. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.