COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
FOR COPYRIGHT OWNERS AND ASQ MEMBERS, SUBSCRIBERS,
AND PARTNERS
In accordance with the Online Copyright
Infringement Liability Limitation Act (the
"Act"), 17 USC § 512(3), the American Society
for Quality ("ASQ") has filed with the
United States Copyright Office the necessary
agent of notification information to facilitate
notice to ASQ of potential copyright infringement
engaged in by those members, subscribers
or partners providing content published
on ASQ's Web site. ASQ's designated agent
for notification of alleged copyright infringement
and counter notification is as follows:
| |
Name: |
Daniel E. Kattman |
| |
|
Reinhart, Boerner, Van
Deuren, Norris & Rieselbach, s.c. |
| |
Address: |
1000 North Water Street,
Suite 2100, Milwaukee, WI 53202 |
| |
Phone Number: |
414-298-1000 |
| |
Fax Number: |
414-298-8097 |
| |
E-mail Address: |
dkattman@reinhartlaw.com |
The following sets forth the proper notification requirements
under the Online Copyright Infringement Liability Limitation
Act for copyright owners and ASQ members, subscribers
and partners:
Notification Policy for Copyright Owners:
Pursuant to the Online Copyright Infringement Liability
Limitation Act, ASQ is not liable for copyright infringement
resulting from the conduct of its members, subscribers
or partners. However, under the Act, ASQ is required
to promptly remove any material stored on its system
or network by its members upon the proper notification
from copyright owners that such material may be infringing
upon valid copyright rights.
Upon removal, ASQ members, subscribers or partners
may file a counter notification with our designated
agent for notification. Upon receipt of a counter notification,
ASQ shall promptly notify the copyright owner alleging
copyright infringement of the counter notification and
inform that person that ASQ will replace the removed
material or cease disabling access to it in 10-14 business
days unless the copyright owner provides notice to ASQ's
designated agent that such copyright owner has filed
an action seeking a court order to restrain the alleged
infringer from engaging in infringing activity relating
to the material on ASQ's system or network.
Any person who knowingly materially misrepresents that
material or activity is infringing shall be liable for
any damages, including costs and attorneys' fees, incurred
by the alleged infringer, any copyright owner or its
authorized licensee, or by ASQ, who is injured by such
misrepresentation, as a result of ASQ relying upon such
misrepresentations in removing or disabling access to
the material or activity claimed to be infringed, or
in replacing the removed material or ceasing to disable
access to it.
For notification to be effective, a copyright owner,
or its authorized agent, must submit a written communication
to ASQ's designated agent containing the following information:
NOTIFICATION REQUIREMENTS
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right
that is allegedly infringed.
- 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.
- 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 ASQ to locate the material.
- Information reasonably sufficient to permit ASQ
to contact the complaining party, such as an address,
telephone number, and, if available, an electronic
mail address at which the complaining party may be
contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification
is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly
infringed.
Counter Notification Policy for ASQ Members, Subscribers
or Partners
Pursuant to the Online Copyright Infringement Liability
Limitation Act, ASQ is not liable for copyright infringement
resulting from the conduct of its subscribers or members.
Under the Act, ASQ is required to promptly remove any
material stored on its system or network by its members
upon the proper notification from copyright owners that
such material may be infringing upon valid copyright
rights.
Under the Act, ASQ is not liable for any claim based
on ASQ's provider's good faith disabling of access to,
or removal of, material or activity claimed to be infringing
or based on facts or circumstances from which infringing
activity is apparent, regardless of whether the material
or activity is ultimately determined to be infringing.
ASQ will take reasonable steps to promptly notify the
subscriber that it has removed or disabled access to
the material.
Upon removal, ASQ will promptly notify subscribers
or members that the material at issue has been removed
or access to the material has been disabled. Members
may file a counter notification with our designated
agent for notification. If the copyright owner does
not initiate a lawsuit or legal action seeking a court
order against ASQ members within 10-14 business days,
ASQ may put the material back on its system or network
and allow access to such material.
Upon receipt of a counter notification described below,
ASQ shall promptly notify the copyright owner providing
notice of alleged copyright infringement of the counter
notification and inform that person that ASQ will replace
the removed material or cease disabling access to it
in 10-14 business days unless ASQ's designated agent
first receives notice from the copyright owner 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 ASQ's system or
network.
Any person who knowingly materially misrepresents that
material or activity was removed or disabled by mistake
or misidentification is liable for any damages, including
costs and attorneys' fees, incurred by the alleged infringer,
any copyright owner or its authorized licensee, or by
ASQ, who is injured by such misrepresentation, as a
result of ASQ relying upon such misrepresentations in
removing or disabling access to the material or activity
claimed to be infringed, or in replacing the removed
material or ceasing to disable access to it.
For counter notification to be effective, a member/subscriber,
or its authorized agent, must submit a written communication
to ASQ's designated agent containing the following information:
COUNTER NOTIFICATION REQUIREMENTS
- Counter notification must comply with the Online
Copyright Infringement Liability Limitation Act. To
be effective, a counter notification must be a written
communication to our designated notification agent,
containing the following information:
- A physical or electronic signature of the subscriber.
- 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 the subscriber
has 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.
- The subscriber's name, address, and telephone number,
and a statement that the subscriber consents to the
jurisdiction of Federal District Court for the judicial
district in which the address is located, or if the
subscriber's address is outside of the United States,
for any judicial district in which ASQ may be found,
and that the subscriber will accept service of process
from the person who provided notification under subsection
(c)(1)(C) or an agent of such person.
Return to
Copyright Policy