This policy implements the procedures set forth in 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. Movie Prop Sites, LLC (“MPS”), a Delaware limited liability company respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of MPS’s Services are required to respect the legal protections provided by applicable copyright law.
2.INTELLECTUAL PROPERTY PROTECTION
A. Intellectual Property.Intellectual Property is a concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, and trade secrets. MPS respects the Intellectual Property rights of third-parties.
B. Copyright Protection. A copyright is a form of intellectual property protection provided to authors of “original works of authorship,” including literary, dramatic, musical, artistic, and other intellectual works. A copyright is owned by the creator of it, typically. Copyrights are registered by the Library of Congress’ Copyright Office. The Copyright Act of 1976 affords a copyright owner the exclusive right to reproduce the copyrighted work, prepare derivative works, distribute copies or phonorecords, perform the copyrighted work publicly; and display the copyrighted work publicly. A copyright protects the form of expression rather than the subject matter. A violation of a copyright owner’s rights is known as copyright infringement. The fact that a work is available on the Internet or somewhere else does not make it available for any use. Permission may be required to use a copyrighted work that is not in the public domain or subject to fair use. Not only are you prohibited from using all the rights reserved by MPS in its copyrighted works, but MPS must take down content uploaded by third parties that infringes upon someone else’s copyright.
C. Trademark Protection.A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The owner of a trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks.
If you believe anything hosted on a MPS website infringes your intellectual property, please follow the steps below:
3. COPYRIGHT INFRINGEMENT
If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide MPS’s registered agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4. OTHER MATTERS
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, ‘trademark’) and provide the information requested in Section 3 above.
5. COPYRIGHT/INTELLECTUAL PROPERTY AGENT
MPS’s designated Agent to receive notifications of claimed infringement is:
Movie Prop Sites, LLC
225 South State Street
Dover, Delaware 19901
You may also send a notification of claimed infringement, including all 6 elements noted in Section 3 to firstname.lastname@example.org
Note: If you do not include all of the above information, it may invalidate your notification or cause a delay of the processing of the DMCA notification. Please note that, under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please also note that the information provided in your notification to us may be forwarded to the person who provided the allegedly infringing content.