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DMCA Policy

DMCA Policy

Benjamin Hall Book ("we", "us", or "our") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Benjamin Hall Book website or services (the "Service") if such claims are reported to our Designated Copyright Agent identified below.

This page describes the information that should be present in these notices.

Filing a DMCA Notice of Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of 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.
  3. Identification of 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 permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  5. A statement that the complaining party 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.
  6. 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.

Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA may result in your DMCA Notice being ineffective. Please be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Counter-Notification

If you believe that the material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(g)(3) for further detail):

  • Your 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 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.
  • Your name, address, and telephone number.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Benjamin Hall Book 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.

Upon receipt of a valid Counter-Notice, we will promptly provide the complaining party with a copy of the Counter-Notice and inform them that we will replace the removed material or cease disabling access to it in 10 business days. We will then replace the removed material or cease disabling access to it in 10 to 14 business days or more following receipt of the Counter-Notice, unless our Designated Copyright Agent first receives notice from the complaining party that they have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system.

Please be aware 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 for damages.

Designated Copyright Agent

For filing DMCA notices and counter-notifications, please contact our Designated Copyright Agent via our contact page.

Please remember to clearly state "DMCA Notice" or "DMCA Counter-Notification" in your message subject line.