Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices
of alleged copyright infringement that comply with the United States Digital Millennium
Copyright Act (“DMCA”). This page describes
the information that should be present in these notices.
It is designed to make submitting notices of alleged infringement to Texas
Farm Bureau and its affiliated companies (“TFB”) as straightforward as possible
while reducing the number of notices that we receive that are fraudulent or difficult
to understand or verify. The form of
notice specified below is consistent with the form suggested by the DMCA (the text
of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov),
but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Bio Fuel for Thought Website (www.biofuelforthought.com) will comply with applicable copyright laws. However, if
TFB receives proper notification of claimed copyright infringement, our response
to these notices will include removing or disabling access to material claimed to
be the subject of infringing activity and/or terminating user access to the Website,
regardless of whether we may be liable for such infringement under United States
law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice,
we will make a good-faith attempt to contact the owner or administrator of the affected
site or content so that they may make a counter notification pursuant to Sections
512(g)(2) and (3) of the DMCA. We may
also document notices of alleged infringement on which we act.
Designated Agent
TFB’s Designated Agent to receive notification of alleged
infringement under the DMCA is:
Paul D. Marable, III
Email:
pmarable@txfb.org
Physical: 7420 Fish Pond Rd., Waco, Texas 76710
Upon receipt of proper notification of claimed infringement,
TFB will follow the procedures outlined herein and in the DMCA.
Infringement Notification
If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide TFB’s Designated Agent (listed above) the
following information in a written communication (preferably via email):
1.
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;
2.
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 TFB to locate the material;
3.
Information
reasonably sufficient to permit TFB to contact the complaining party, such as an
address, telephone number, and, if available, an email address at which the complaining
party may be contacted;
4.
The following
statement: “I have 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”;
5.
The following
statement: “I swear, under penalty of perjury, that the information in the notification
is accurate, and that I am the copyright owner or am authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed”; and
6.
A physical
or electronic signature of the owner or a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including
costs and attorneys’ fees) if you materially misrepresent that material is infringing
your copyrights. Accordingly, if you are not sure whether material available online
infringes your copyright, we suggest that you first contact an attorney.
Counter Notification
A provider of content subject to a claim of infringment
may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with
us, please provide TFB’s Designated Agent (listed above) the following information
in a written communication (preferably via email):
1.
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;
2.
Your name,
address, and telephone number;
3.
The following
statement: “I consent to the jurisdiction of the federal District Court for the
Western District of Texas”;
4.
The following
statement: “I will accept service of process from [insert the name of the person
who submitted the infringement notification] or his/her agent”;
5.
The following
statement: “I swear, under penalty of perjury, that I have a good faith belief that
the affected material was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled”; and
6.
Your signature,
in physical or electronic form.
Upon receipt of such counter notification, TFB will promptly
provide the person who provided the original infringement notification with a copy
of the counter notification, and inform that person that TFB will replace the removed
material or cease disabling access to it in 10 business days.
TFB will replace the removed material and cease disabling access
to it not less than 10, nor more than 14, business days following receipt of the
counter notice, unless our Designated Agent first receives notice from the person
who submitted the original infringement notification that such person has filed
an action seeking a court order to restrain the subscriber from engaging in infringing
activity relating to the material on our system or network.
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, TFB
will, in appropriate circumstances, disable and/or terminate the access by users
who are repeat infringers.
Accommodation of Standard Technical Measures
It is TFB’s policy to accommodate and not interfere with
standard technical measures used by copyright owners to identify or protect copyrighted
works that TFB determines are reasonable under the circumstances.