Digital Millennium Copyright Act (DMCA)

A DMCA Notice will notify Engelhardt Creative Studios of particular facts in a document signed under penalty of perjury. To supply a proper notice, please provide the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your full legal name, physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

To exercise your DMCA rights, you must send your DMCA Notice to the following agent designated by Engelhardt Creative Studios (the “Designated Agent”). The contact information for Engelhardt Creative Studios’s Designated Agent is:

Address:
Engelhardt Creative Studios
Attn: Copyright Agent
PO Box 20323
Kalamazoo, MI 49019-1323

Email:
[email protected]

– OR –
Web:

Engelhardt Creative Studios will follow the procedures provided in the DMCA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled work(s).

It is expected that all users of any part of the Engelhardt Creative Studios system will comply with applicable copyright laws. However, if Engelhardt Creative Studios is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Engelhardt Creative Studios will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. Engelhardt Creative Studios also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.

Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.

If access to your website is disabled due to operation of the Engelhardt Creative Studios notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.

To Write a Proper Counter-notification, please provide the following information:

(1) State that access to your website was disabled due to operation of the notice and takedown procedure.
(2) Identify the material that has been removed and designate its URL prior to removal.
(3) State, under penalty of perjury: Your name, address, and telephone number; That you have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material; That you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.

To exercise your DMCA rights, you must send your Counter-notification to the “Designated Agent” for Engelhardt Creative Studios, whose contact info is:

Address:
Engelhardt Creative Studios
Attn: Copyright Agent
PO Box 20323
Kalamazoo, MI 49019-1323

Email:
[email protected]

– OR –

Web:

Engelhardt Creative Studios may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers.

It is Engelhardt Creative Studios’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.

Engelhardt Creative Studios has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.

The submission of misleading information of any sort in a notification or counter-notification submitted to Engelhardt Creative Studios voids any claim of right made by the submitting party.