Last updated: May 11, 2010 Ooyala respects the intellectual property rights of others and expects You and Your agents to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C 512(c)(3) and (g)(3)), Ooyala will respond expeditiously to claims submitted hereunder of potential copyright infringement committed using the Services.
1. D.M.C.A. COPYRIGHT INFRINGEMENT NOTIFICTION PROCEDURE.
The process for copyright owners or their authorized agents to notify Ooyala of potential copyright infringement is governed by Section 512(c) of the Digital Millennium Copyright Act. Copyright owners or a party authorized to act on behalf of an owner, should please report potential copyright infringement by completing the following DMCA notice and delivering it to the Ooyala Designated Copyright Agent. Upon receipt, Ooyala will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer’s Account. Please send either an email to copyright@Ooyala.com (Subject: DMCA Notification), a facsimile to: (650) 618-1832 (Attn: DMCA Notification), or letter to the address provided below with all of the following information: a. Identify 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. b. Identify 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 locate the material. Providing URLs in the body of an email is the best way to help Ooyala locate Content quickly. c. Provide Information reasonably sufficient to permit Ooyala to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address. d. A statement that you, as the complaining party, or as one who has authorization to act on behalf of the copyright owner, 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. As an example, "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner or its agent." e. 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. As an example, "I swear, under penalty of perjury, that the information in this notice is accurate and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." f. Provide your full legal name and your electronic or physical signature. For clarity, only DMCA notices should go to Ooyala Designated Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Ooyala’s customer service through support@ooyala.com. You acknowledge that if you fail to comply with all of the requirements of this Section I, your DMCA notice may not be valid. Such written notice should be sent to Ooyala’s designated agent as follows: Ooyala, Inc. Attn: Bryan Morris DMCA Notification 800 West El Camino Real Suite 350 Mountain View, CA 94040 Fax: (650) 618-1832 Email: copyright@Ooyala.com
2. D.M.C.A. COPYRIGHT INFRINGEMENT COUNTER-NOTIFICATION.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to Ooyala’s Designated Copyright Agent. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. To file a counter-notification with Ooyala, a written communication that sets forth the items specified below must be provided. Please note that pursuant to 17 U.S.C 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability, including costs and attorneys fees arising out of such misrepresentations. a. Elements of Counter-Notification. To file a Counter-Notification, please send either an email to copyright@Ooyala.com (Subject: DMCA Counter-Notification), a facsimile to: (650) 618-1832 (Attn: DMCA Counter-Notification), or letter to the address provided below with all of the following information. To expedite Ooyala’s ability to process counter notifications, please use the following format (including section numbers): i. Identify the specific URLs of material that Ooyala has removed or to which Ooyala has disabled access. ii. Provide your full name, address, telephone number, and email address, and the username of the Account. iii. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), 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. iv. A statement that you have a good faith belief that use of the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. As an example, "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." v. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted. Such written notice should be sent to Ooyala’s designated agent as follows: Ooyala, Inc. Attn: DMCA Counter - Notification 800 West El Camino Real Suite 350 Mountain View, CA 94040 Fax: (650) 618-1832 Email: copyright@Ooyala.com b. What happens next? After Ooyala receives a counter-notification, Ooyala may forward it to the party who submitted the original claim of copyright infringement. Please note that when Ooyala forwards the counter-notification, it will includes any personal information provided to Ooyala and submitting a counter-notification requires unencumbered consent to having such information revealed in this way. Ooyala will not forward the counter-notification to any party other than the original claimant. After Ooyala sends out the counter-notification, the claimant must then notify Ooyala within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via the Services. If Ooyala receives such notification, Ooyala will be unable to restore the Content to the Services until resolution of any court action. If Ooyala does not receive such notification, Ooyala may, at its sole discretion, replace or restore access to the Content.
3. MORE INFORMATION ABOUT D.M.C.A. COMPLIANCE.
Ooyala will terminate you or any user who is a repeat infringer. Accordingly, if you are not sure whether certain material infringes the copyright of others, you should contact an attorney.