File a Claim
The Digital Millennium Copyright Act requires that a claim of copyright infringement sent to Evergreen's designated agent provide certain information as specified below.
DMCA section (512) (f) defines penalties for knowingly misrepresenting a claim.
DMCA Section 512 (c) (3) (A) requires the following of notices alleging copyright infringement:
Elements of Notification
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [As an electronic signature, Evergreen's agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.]
- 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.
- 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. [Please include a URL such as http://... or ftp://... identifying the material or representative material. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and timezone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]
- 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 at which the complaining party may be contacted.
- 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.
- 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.
DMCA Section 512 (d) (3) requires similar information for notices requesting removal of links or other references to infringing materials.
Please provide all required information. If you prefer, submit a signed notification via fax or paper mail to the designated agent.
The DMCA requires prompt acknowledgment and action from the registered DMCA agent.
Laws, such as the U.S. Family Educational Right to Privacy Act, may control to what extent Evergreen can identify specific members or how to contact them. The DMCA states that someone wanting to make a counter claim must provide adequate identification and contact information.