Safe Harbor

 Policies Regarding Potential Copyright Infringement Claims (“Policies”)

The Winter Wolf Publishing Press (“Administrator”) highly values the original authorship and work of all creators and writers and in its service and mission to the arts and freedom and originality of ideas, expressions and communication thereof, it endeavors to maintain and uphold the utmost principles of integrity and love for all visitors, users and community members that it services through its organization, website and communications. Thus, in the event that any individual or entity finds that a copyright protected work was posted on the Administrator’s website and/or published materials without the copyright owner’s authorization, the Administrator has made it possible for such interested parties to submit a related copyright infringement claim therewith to inform Administrator of such potentially infringing work.

Copyright Infringement Claim and Takedown Notice

For avoidance of doubt, such copyright infringement claims and takedown notices may only be submitted by the copyright owner or an agent authorized to act on the copyright owner’s behalf. By submitting a copyright infringement claim and takedown notice, please note that doing so formally initiates a legal process. As such, please do not make false claims as doing so can lead to potential suspension or other legal consequences. Upon submission and confirmation of a complete copyright infringement claim and takedown notice, the Administrator will take the appropriate steps as set forth herein.

Submitting a Copyright Infringement Claim and Takedown Notice

When submitting a copyright infringement claim and takedown notice, please make sure to absolutely include the following and email it to the DMCA Copyright Agent whose information is posted at the end of these Policies:

  • Identification of the copyrighted work or works claimed to have been infringed and what is being infringed upon (please be specific as much as possible so that the Administrator is able to determine which work(s) is/are being referenced – title of the work, type of work, author’s name, date of creation of the work, a copyright registration number (if the work is registered));
  • Identification of the material that is claimed to be infringing or the subject of infringing activity, and that must be removed (please be specific as much as possible so that the Administrator is able to determine which work(s) is/are being referenced and what is the actual infringement or subject of infringing activity);
  • The complaining party’s contact information (email address, phone number, mailing address);
  • The complaining party’s authority to make the complaint (i.e., copyright owner, authorized agent for copyright owner, attorney);
  • The complaining party’s statement that it has “good faith belief that the use of the material in question is not authorized by the copyright owner”;
  • The complaining party’s statement that “under the penalty of perjury, the information provided in the claim is accurate and that the complaining party is authorized to act on behalf of the copyright owner”;
  • The complaining party’s acknowledgement 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 for damages”; and
  • The complaining party’s physical or electronic signature to act on behalf of the owner of the infringed copyright

Failure to fully provide the information requested above may result in a delay of the removal of any material in question and complaining parties may be asked to resubmit such claim and notice until it is deemed satisfactorily complete by the Administrator. Upon submission of a complete copyright infringement claim and takedown notice as deemed by the Administrator, the Administrator shall promptly remove or suspend access to such infringing material in question.

The Administrator responds expeditiously to copyright infringement claims and takedown notices, and will also suspend and/or terminate access to its services to parties who are “repeat infringers”.

After certain infringing material have been removed by the Administrator or its appointees, the Administrator shall notify the responsible party for the infringing material in question by providing a full copy of the submitted copyright infringement claims and takedown notices related thereto, so that the responsible party may have the opportunity to file a counter-notice should it wish to do so by submitting a counter-notice to the Administrator containing the following items and email it to the DMCA Copyright Agent whose information is posted at the end of these Policies:

  • Identification of the material and its location before it was removed
  • A statement under penalty of perjury that the material was removed by mistake or misidentification
  • The party’s consent to the jurisdiction of a federal court in the district where the party lives (if the party lives in the U.S.), or the party’s consent to the jurisdiction of a federal court in the district where the Administrator is located (if the party is not in the U.S.)
  • The party’s consent to accept service of process from the party who submitted the copyright infringement claim and takedown notice
  • The party’s physical or electronic signature
  • The party’s name, address and phone number

Failure to fully provide the information requested above may result in a delay of any action being taken regarding the material in question and the submitting party may be asked to resubmit such counter-claim until it is deemed satisfactorily complete by the Administrator. Upon submission of a complete counter-notice as deemed by the Administrator, the Administrator shall promptly provide a copy of the counter-notice to the copyright holder and/or copyright holder’s agent. Upon receipt of such counter-notice, please be advised that if the copyright holder doesn’t file suit within ten (10) business days, such removed material may be restored by the Administrator.

For further information regarding our understanding, obligations and liability related to any copyright infringement claims, please refer to 17 U.S.C. Section 512.  

DMCA Agent Contact Information:

David Y. Kim, Esq.

david@thehollywoodlawyer.com

The Hollywood Lawyer

555 W. Fifth Street, 35th Floor

Los Angeles, CA 90013