Sample Copyright Policy for Developers

 Dated January 15, 2008

This sample policy is provided for reference purposes only.  MySpace’s provision of this sample policy does not constitute legal advice, and MySpace does not represent or warrant that your adoption and implementation of this policy will ensure safe harbor protection under the Digital Millennium Copyright Act (“DMCA”).  In addition, You are solely responsible for complying with all Applicable Law, including copyright laws. MySPace encourages you to obtain the advice of independent legal counsel. 

SAMPLE POLICY

If you wish to use the sample policy below, please fill in all necessary information before posting it as your developer copyright policy.

[NAME OF DEVELOPER] (“we”) respects the intellectual property rights of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity through this application or other application or website which we offer. Please note that, we have the right to terminate any infringer’s access to our applications and websites.  In addition, in accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, when we receive a proper notification of claimed infringement (as more fully described below) we promptly remove or disable access to the allegedly infringing material and will terminate the access of users that are repeat infringers to our applications and websites.

Notifications of Claimed Infringement

If you believe that your work has been copied and posted on or through our applications or websites in a way that constitutes copyright infringement, please send our Designated Copyright Agent, whose contact information is set forth below, a written notice of claimed infringement (“Notification”) with the following information (as set forth in the DMCA):  

1. Identify in sufficient detail the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single Notification, you may provide a representative list of such works.

2. Identify the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit location of the material—i.e., a URL or other specific location on our application or website that contains the material that you claim to be infringing.

3. Include a statement by you that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and (b) the information contained in your Notification is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner’s behalf.

4. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

5. Include your name, mailing address, telephone number and email address and any other information reasonably necessary to allow us to contact you.

Please submit the Notification to our Designated Copyright Agent by fax, mail, or E-Mail at the contact information provided below:

Upon receiving a Notification complying with the requirements above, we will expeditiously remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim.  We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.  If we receive a Notification that does not contain all of the information described above, but provides a way for us to contact you, we will promptly follow up with you to request that you provide any information not previously provided. Please note that if you materially misrepresent that content on our websites and/or applications is infringing, you may be liable for damages incurred as a result of such misrepresentation, including costs and attorneys’ fees. 

Counter Notification

If you believe in good faith that your material has been removed from our website or application as a result of mistake or misidentification, you may submit a written “Counter Notification” to our Designated Copyright Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your must include the following:

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. A statement as follows: “I hereby state under penalty of perjury that I 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.

3. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

4. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.

5. Your name, address and telephone number.

6. Your physical or electronic signature.

You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or E-Mail at the contact information set forth below.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

Contact Information for Designated Copyright Agent:
[NAME OF DEVELOPER'S REGISTERED AGENT]
[MAILING ADDRESS OF AGENT]
Phone: [PHONE NUMBER OF  AGENT]
Fax: [FAX NUMBER OF  AGENT]
E-Mail: [E-MAIL ADDRESS OF AGENT]