Legal

CLAIMS OF COPYRIGHT INFRINGEMENT

Notice and Procedure for Making Claims of Copyright Infringement

DEFG respects the intellectual property rights of others and expects others to do the same.  It is DEFG’s policy to respond to notices of alleged infringement which may include, in appropriate circumstances and at its discretion, disabling a user’s ability to transmit and/or store material claimed to be the subject of infringing activity and/or terminating such user’s ability to use the application at all.  In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, DEFG will respond expeditiously to claims of copyright infringement committed using the DEFG website (the “Site”) that are reported to DEFG’s Designated Copyright Agent, identified in the sample notice below.

If we take such measures, we will make a good-faith attempt to contact the user who stored and/or transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act.

Infringement Notification

If you are a copyright owner, or an authorized agent thereof, or authorized to act under any exclusive right under copyright, and believe that any user of the DEFG application has infringed upon your copyrights, you may submit a DMCA Notice of Alleged Infringement and delivering it to DEFG’s Designated Copyright Agent (contact information below).  Upon receipt of the Notice as described below, DEFG will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material at the Site.

DMCA Notice of Alleged Infringement

To file a DMCA Notice of Alleged Infringement with our Copyright Agent, you must provide a written communication (by regular mail or e-mail) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity 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.

To expedite our ability to process your request, please use the following format:

  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found. You must identify each separate item of infringing material.
  • Provide information reasonably sufficient to permit DEFG to contact you (email address, telephone number and a mailing address).
  • Include both of the following statements in the body of the Notice, if they are true:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all items completed, to DEFG’s Designated Copyright Agent:

Copyright Agent Distributed Energy Financial Group, LLC (DEFG)

2480 16th Street, NW, Suite 303

Washington, DC  20009

Phone: (202) 483-4443

By E-mail: info@defgllc.com, with the words “DMCA Complaint” in the subject line.

If you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.