Last Modified on: July 9, 2015
BroadbandTV Corp. (“BBTV”) respects the copyrights, among other intellectual property rights, of others and requires that the people who use its services to do the same. The information below is meant to assist you in reporting content on a service provided by us that you believe infringes on copyrighted works that you own and/or control and to provide us with information to allow us to investigate your complaint.
1. What is the Digital Millennium Copyright Act?\ 2. What should you do if you believe your copyrighted material has been infringed?\ 3. What information is required in a Takedown Request?\ 4. What happens after you file a Takedown Request?\ 5. What if you’re a BBTV Partner who is the subject of a Takedown Request?\ 6. What information is required in a Counter Notice?\ 7. What happens after BBTV receives a Counter Notice?\ 8. How do you withdraw a copyright Takedown Request?\ 9. What is our policy for repeat infringers?\ 10. How do you contact BBTV?
We may access and preserve for our own purposes and disclose to third parties any information or data related to a written complaint of copyright infringement, if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
\ 1. What is the Digital Millennium Copyright Act?\ Title II of the Digital Millennium Copyright Act (“DMCA”) is the law controlling U.S. liability of online service providers for copyright infringements. It provides instructions on reporting infringement and how to appeal removal of posted materials by submitting a Counter Notice (to view the statute, click here).
2. What should you do if you believe your copyrighted material has been infringed?\ If you own or control copyrighted material that you believe one of our content provider partners (each a “BBTV Partner”) has posted on YouTube or any other online video distribution platform that we provide services on or through (collectively, the “Network”) without proper authorization, send us a Takedown Request either by email at DMCA@bbtv.com or by mail at the address noted below.
Since we receive the Takedown Requests in the order received, please do not submit multiple requests, as this may delay our review of your request.
Disclaimer: If you are not certain whether a particular use is an infringement or a violation of your rights, consult with your own legal counsel. We cannot provide any legal advice to you. Also, filing a Takedown Request is a legal process. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages incurred by us as the result of us relying upon such misrepresentation (including legal costs and attorney’s fees). If you are a BBTV Partner and make false claims, your actions may result in the suspension or even termination of your account with us, as well as the type of liability referred to above.
3. What information is required in a Takedown Request?\ In order for us to process your Takedown Request, please provide us all of the information below by email at DMCA@bbtv.com or by mail at the address noted below:
Note, we require all of the above information. If you send us incomplete information, we will not be able to process your request. We will return your request, indicating what information is missing by checking one or more of the boxes as detailed above.
4. What happens after you file a Takedown Request?
Once we receive your Takedown Request, we will confirm with you our receipt either through email or physical mail. We will then review the Takedown Requests to make sure it contains all the necessary information and that it is a bona fide notice of infringement. If we determine that your Takedown Request is indeed bona fide, we may decide in our sole discretion to remove or restrict access to the material complained of. We will also notify the relevant BBTV Partner(s) (to the extent we are able) and provide him/her/them with a copy of your Takedown Request and instructions on how to file a Counter Notice.
Please note, we may also forward a copy of your Takedown Request to the website, Chilling Effects, where the request will be publicly viewable with personal information removed.
\ 5. What if you’re a BBTV Partner who is the subject of a Takedown Request?
If you are a BBTV Partner and we have removed or restricted access to your content as a result of a Takedown Request, we will take reasonable efforts to notify you and provide you with a copy of your Takedown Request.
If you believe that the material that was removed (or to which access was disabled or restricted) is not infringing, or if you believe that you have the right to post and use such material, you can contest the removal or restriction of that material by filing a Counter Notice with us. Also, if you believe an error was made, you can always contact the person who made the Takedown Request.
Disclaimer: If you are not certain whether your use of a copyrighted material is permissible, consult with your own legal counsel. We cannot provide any legal advice to you. Also, filing a Counter Notice is a legal process. Make sure you have the appropriate rights before filing a Counter Notice. If you knowingly misrepresent in your notification that the material or activity is permissible, you may be liable for any damages incurred by us as the result of our relying upon such misrepresentation (including legal costs and attorney’s fees). If you are a BBTV Partner and make false claims, your actions may result in the suspension or even termination of your account with us, as well as the type of liability referred to above.
\ 6. What information is required in a Counter Notice?
In order for us to process your Counter Notice, please respond to our original Takedown Notice email and provide us with all of the information below in the body of your email to us at DMCA@bbtv.com (we do not open any email attachments):
Your, or your authorized agent’s, physical or electronic signature;
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;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your contact information, including name, physical and email addresses and telephone number(s), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or for non-U.S. addresses, in any judicial district in which BBTV may be found; and that you will accept service of process from the person who provided the Takedown Request or from an agent of such person.
Note, we require all of the above information. If you send us incomplete information, we will not be able to process your Counter Notice. If your Counter Notice is incomplete, we will make reasonable efforts to inform you what information is missing by checking one or more of the boxes as detailed above.
\ 7. What happens after BBTV receives a Counter Notice?
Once we receive a Counter Notice, BBTV will promptly forward a copy of the Counter Notice to the person who filed the original Takedown Request, informing that person that BBTV will replace the removed material or cease disabling access to it in between ten (10) and (14) business days from the receipt of the Counter Notice unless the original complainant notifies us that he/she/it has filed an action seeking a court order to restrain the BBTV Partner from engaging in infringing activity relating to the material on the Network. If we are not notified by the original complainant in the manner described above, then we may decide in our sole discretion to replace the material or restore access to it.
\ 8. How do you withdraw a copyright Takedown Request?
If you wish to withdraw a Takedown Request, please email DMCA@bbtv.com and do all of the following:
Refer to the original Takedown Request;
Use the same email as your original Takedown Request;
Include the date you sent the Takedown Request to us, the date of our reply, if any, and the date of any Counter Notice;
Include the statement: “By this request, I hereby withdraw my claim of copyright infringement”; and
Include your electronic signature or a physical signature, or that of your authorized agent.
Any request to withdraw a Takedown Request that is not submitted from the same email address as the original Takedown Request will not be processed.
\ 9. Repeat infringers and copyright content identification
We have a policy to terminate BBTV Partners who are repeat copyright infringers. After three (3) Takedown Requests for which no Counter Notice is successful, a BBTV Partner will be terminated and permanently barred from holding future accounts or partnerships with BBTV.
We will reasonably accommodate, and not interfere with, industry-standard technical measures used by copyright owners to identify or protect copyrighted works or other intellectual property.
\ 10. How do you contact BBTV?
You can contact us via email or mail with the contact information below:
Address: Attn: DMCA Agent
BroadbandTV Corp.\ c/o Holzer IP Law, PC\ 216 16th St., #1350\ Denver, CO 80202