Official DMCA Infringement Notification Process for LibertyTalk.fm
LibertyTalk FM, Inc. (“Company” or “we”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
LibertyTalk FM, Inc. does not encourage, endorse or support any social events, including user meetings, without express prior approval.
Individuals may become Contributors by requesting access via the contact form. Contributors’ written or streamed media are added through the user dashboard. Contributors retain full property rights to their written or streamed media, granting the Company license to use their additions in perpetuity. LibertyTalk FM, Inc. does not review or condone, implicitly or explicity, the material published.
Procedure for Reporting Copyright Infringement
If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright 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 copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
It is Company’s policy:
- To remove or disable access to the infringing material;
- To notify the content provider, contributor, member, or user that it has removed or disabled access to the material; and
- That repeat offenders will have the infringing material removed from the system and that Company will terminate such contributor’s, content provider’s, member’s or user’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent
If the contributor, 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 copyright owner, the copyright 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:
- A physical or electronic signature of the content provider, member or user;
- 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 disabled;
- A statement that the contributor, content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Contributor’s, Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
- 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 it may replace the removed material or cease disabling it in 10 business days. Unless the copyright 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.
When submitting your notification of claimed copyright infringement, please ensure the following criteria have been met:
- Your notice concerns copyrighted material that is hosted on a domain operated by Company, such as LibertyTalk.fm. We are unable to remove or disable access to copyrighted material located on other domains, such as those operated by third-parties who archive and re-host content originally posted to Company’s website or services.
- Clearly note the specific location(s) — e.g. LibertyTalk.fm URL(s) — of the copyrighted material referenced in your notice.
- You understand that as permitted by law, we may forward a complete copy of your notice (including your name, contact information, et cetera) to the user(s) who submitted the copyrighted material referenced in your notice.
- You understand that you may be liable for damages (including Company’s costs and attorneys’ fees) if you make material misrepresentations in your notice or counter-notice, including your identifying information and if you misrepresent that the material is infringing your copyright. We reserve the right to seek and collect these damages.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at DMCA@LibertyTalk.fm or at:
LibertyTalk FM, Inc.
Attention: DMCA Agent
Post Office Box 7202
Deerfield, Illinois 60015
Telephone: (888) 292-8965
Fax: (260) 702-9169
Note: We strongly recommend sending notices via e-mail for quickest response.