Copyright Claims – Digital Millennium Copyright Act (DMCA) Notice
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT UNDER THE DMCA
Bright MLS respects your intellectual property rights. If you believe your work has been reproduced in a way that constitutes infringement of your copyright interest, you may notify our Designated Agent IN WRITING as follows:
Service Provider: Bright MLS, Inc.
Designated Agent: Danielle Diallo
Address: 9707 Key West Avenue, Suite 200, Rockville, MD 20850-3334
Pursuant to 17 U.S.C. Section 512(c)(3)(A), all notices must be made in writing and must include the following information:
- Identification of the copyrighted work that you claim has been infringed, or if the claim involves multiple works on the website, a representative list of such works;
- Identification of the material that you claim is infringing, including where it is located so that our Designated Agent can locate it;
- Your name, address, telephone number
- A statement that the information provided in the written notice is accurate;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner or anyone authorized to act on behalf of the copyright owner;
- A statement, under penalty of perjury, that you are, or are authorized to act on behalf, of the copyright owner; and
- An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Upon receipt of a valid notice under the DMCA, Bright MLS will promptly investigate and remove any infringing materials.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
COUNTER NOTIFICATION PROCEDURES
If you believe a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our Designated Agent. A valid counter notification must be made in writing and include the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared prior to removal; and;
- A statement under penalty of perjury by you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your office is located and that you will accept service of process from the complainant or an agent of the complainant; and
- Your name, address, and telephone number; and
- Your physical or electronic signature.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.