DMCA Copyright Infringement Notice
Backroads is a DMCA compliant operation. This means that when we receive valid takedown notices from © owners, we act accordingly and remove any infringing items brought to our attention. To learn more about the DMCA visit: http://www.copyright.gov/legislation/dmca.pdf
Procedure for Making Copyright Infringement Claims
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), Backroads has implemented procedures for receiving written notification of claimed infringements. Backroads has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide to us a written communication which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location on our website of the material that you claim is infringing;
4. Your email address and your mailing address and/or telephone number;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Procedure for Submitting a Counter Notification
If you believe a notice of copyright infringement has been wrongly filed against you, you may submit a counter-notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
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;
4. Your name, address, and telephone number; a statement that you consent to
the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which Backroads may be found; and that you will accept service of process from the complainant.
Upon receipt of a counter-notice, Backroads will comply with the provisions of 17 U.S.C. § 512(g).
Please submit your DMCA Notice or Counter Notice to Backroads’ Copyright Agent.
PLEASE NOTE THAT UNDER FEDERAL LAW, PENALTIES ARE PROVIDED FOR KNOWING MATERIAL MISREPRESENTATIONS IN EITHER A NOTICE OR COUNTER NOTICE. ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL IS INFRINGING, OR THAT IT WAS REMOVED OR BLOCKED THROUGH MISTAKE OR MISIDENTIFICATION, IS LIABLE FOR ANY RESULTING DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES) INCURRED BY THE ALLEGED INFRINGER, THE COPYRIGHT OWNER OR ITS LICENSEE, OR THE SERVICE PROVIDER. 17 U.S.C. § 512(f).
This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. § 512(c).