NOTIFICATION OF INFRINGEMENTNETFLY TV takes copyright and other intellectual property rights very seriously. It is NETFLY TV’s policy to (1) expeditiously block access to or remove content that it believes in good faith may contain material that infringes the copyrights of third parties and (2) remove and discontinue service to repeat offenders. NETFLY TV has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Procedure for Reporting Copyright Infringements: If you believe in good faith that any content residing on or accessible through NETFLY TV’s website or the NETFLY TV service infringes your copyrights, you may send us a notice requesting that the material be removed, or that access to it be blocked. The notice must include the following information (consult legal counsel or refer to 17 U.S.C. 512(c) to confirm these requirements):
- 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 the copyrighted works claimed to have been infringed on NETFLY TV’s website or the NETFLY TV service, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
- 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 NETFLY TV to locate the material.
- Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address.
- A statement that the notifier 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed. Please note 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. copyright.Please_note_2
COUNTER-NOTIFICATIONIf you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- 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 subscriber has 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.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which NETFLY TV may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.