Bandcamp Ventures LLC (“Company”) has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act (pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Company’s policy to (1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A repeat infringer is a user for whom Bandcamp has received more than two notices of claimed infringement or for which Bandcamp has had to remove content more than twice. Notwithstanding the preceding sentence, Bandcamp reserves the right to immediately terminate the account of any user for egregious infringing activities in Bandcamp’s sole determination and discretion.
If you believe that material or content residing on or accessible through the Company Web site or service infringes an intellectual property right that you own or control, please send a notice of claimed infringement containing the following information and only the following information to the Designated Agent listed below. Please note that you will be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that content or an activity is infringing your copyrights. Your communication must include all of the following items:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
If claiming copyright infringement, the statement “I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
If claiming trademark infringement, the statement “I swear under penalty of perjury that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the intellectual property owner, its agent, or the law.”
Note that a copy of your legal notice will be forwarded to the party responsible for providing the alleged infringing content.
Please do not include any information in your report other than the above items. The wonderful thing about the DMCA is that it makes the sordid details of your bass player’s departure completely irrelevant. Simply include the information above and we’ll have all the information we need.
It is Company’s policy:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the owner of the intellectual property, the owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:email@example.com, or by mail at:
720 Wilshire Blvd.
Santa Monica, CA 90401
Please bear in mind that we can process claims submitted via email to firstname.lastname@example.org much more quickly than those submitted to the above physical address.