Copyright infringement

The Digital Millennium Copyright Act of 1998

The Digital Millennium Copyright Act («DMCA») of 1998 addresses the remedies available to copyright owners and the responsibilities of Internet service providers (ISPs). Under DMCA, a copyright owner claiming that unauthorized material is stored on a system or network controlled by an ISP may provide specific notice of such claim to the ISP’s Designated Agent and request that the infringing material be removed or that access to the stored material be blocked.

If you believe in good faith you have such a claim, please promptly notify tradephoneline.com’s Designated Agent:

Martha M. Dwyer, Esq., Counsel,
Novack Burnbaum Crystal LLP
300 East 42nd Street, 10th Floor
New York, NY 10017
212/682-4002, ext. 35

To be effective under DMCA, your notification must be made in writing or by e-mail and must include the following:

  • Identification of the copyrighted work that you claim has 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 you claim is 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 tradephoneline.com to locate the page or site holding the material;
  • Information reasonably sufficient to permit tradephoneline.com to contact you, such as an address, telephone number, and if available, an electronic mail address;
  • A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement under penalty of perjury that the information in the notification is accurate and that you are either the owner of an exclusive right that has allegedly been infringed or are authorized to act on behalf of such owner; and,
  • Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed, or as a person legally authorized to act on behalf of such owner);
  • Before you provide tradephoneline.com with notification of a claimed infringement, you should carefully review your claim to ensure that it is accurate and made in good faith. Under DMCA, there are substantial penalties for false claims.

If you received a notice from tradephoneline.com regarding a claim of infringement, you may take the following steps to resolve the issue in order to prevent further action by tradephoneline.com.

1
Immediately locate the material in question, and remove the infringing material yourself; or
2
Contact the complaining party to resolve the issue so that he/she withdraws the complaint and notifies tradephoneline.com of such in writing.

Please do not send legal arguments to tradephoneline.com. Tradephoneline.com does not determine the validity of copyright complaints; the actions taken by tradephoneline.com are specifically prescribed by the DMCA, not the result of a determination by tradephoneline.com of the merits of any claim.

If your material is removed and you believe in good faith that such claim has been wrongly made against you by the claiming party, you may submit a counter-notice to tradephoneline.com. You should provide your counter-notification to:

Martha M. Dwyer, Esq., Counsel,
Novack Burnbaum Crystal LLP
300 East 42nd Street, 10th Floor
New York, NY 10017
212/682-4002, ext. 35

A counter-notification under the DMCA must contain the following information:

  • Physical or electronic signature;
  • 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 Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant

If tradephoneline.com receives a valid counter-notification, the DMCA provides that the removed material will be restored (or the account re-activated) after a waiting period of at least 10, and not more than 14, days unless the complaining party obtains injunctive relief stopping the re-posting of the material.

Before you provide us with counter-notification denying a claim of Infringement, you should carefully review your statement to ensure that it is accurate and made in good faith. Challenges to claims of infringement must be substantiated in court to withstand the claims by the copyright owner.

Please note: Do not send any other notices, including notifications of account termination, service complaints or any other communications, to the Designated Agent. The Designated Agent is appointed solely for the purpose of receiving and reviewing claims of online copyright infringement made pursuant to the Digital Millennium Copyright Act of 1998. Further, as noted above, please do not send legal arguments to tradephoneline.com or attempt to contest the merits of a particular claim. The DMCA does not appoint ISPs to decide copyright complaints. Non-DMCA notices received by the Designated Agent will be deleted with no further action.