Dedicated to supporting the arts in the state of Washington since 1976.

The Digital Millennium Copyright Act (“DMCA”) Notice

This notice is informational only, and should not be taken as legal advice. You should seek legal counsel immediately if you have concerns regarding your intellectual property rights.

DMCA PROVISIONS

The Digital Millennium Copyright Act (“DMCA” – see 17 U.S.C. § 512), provides a way for owners of copyrighted material to remedy on-line infringement. If the copyright owner has a good faith belief that the copyright has been infringed in content located on the website of an Internet service provider (“ISP”), the copyright owner may (in addition to contacting the alleged infringer directly) contact the designated agent of the ISP to report the alleged copyright infringement.

 

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send notifications under the DMCA of claimed copyright infringement for content on this website to our Designated Agent:

Copyright Agent
Washington Lawyers for the Arts
701 5th Ave, Suite 4100
Seattle, WA 98104
e-mail: director@thewla.org

 

To file a notice of copyright infringement, you must provide a written communication that sets forth the following items:

  1. Identify, in sufficient detail for us to identify it, the copyrighted work that you believe has been infringed.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above, including the relevant URL(s) and a description of the specific content that is allegedly infringing.
  3. Provide sufficient information (at a minimum, e-mail address and phone number) to allow the website owner to contact you.
  4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
  5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. Your notice may be sent via email provided the notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

 

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3). Note that you may be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright.

 

COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If content that you have posted to our website has been removed or access to that content has been disabled due to a DMCA takedown notice, and you choose to send us a counternotice, it must be in writing and include the following to be effective:

  1. Your physical or electronic signature.
  2. 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.
  3. A statement under penalty of perjury that you have 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.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) for additional information regarding counternotices.

You may submit your counternotification by sending it to our Designated Agent (identified above) by mail or e-mail.