Designated Agent Notice
In accordance with the provisions of the Digital Millennium Copyright Act (“DMCA“), 17 U.S.C.A. § 512, the National Council of State Housing Agencies (“NCSHA“) hereby provides public notice of its registration with the U.S. Copyright Office of a Designated Agent for receipt of copyright infringement claims (“Claims“) relating to Content posted on or available through this site.
Users of this site are hereby advised (a) of the actions required to assert a Claim of Infringement (“Claim”) regarding NCSHA Content (the person filing the claim being, the “Claimant“), (ii) the likely actions and responses from NCSHA regarding such Claim, including the possible take-down of the offending Content, and (iii) possible reposting of such Content based on a Counter-Notice from the Content Owner or licensor (collectively, the “Content Owner“). NCSHA also reserves the right to block or restrict access to this site for any Users who are repeat violators of this policy or repeat infringers of the rights of Content Owners.
1. DESIGNATED AGENT
NCSHA has appointed the following person as its Designated Agent for purposes of the receipt of any claims of Copyright Infringement relating to its Content. All Claims must be submitted to:
Name of Designated Agent: Lisa Bowman
Title: Marketing and Communications Director
Address: 444 North Capitol Street, NW, Suite 438, Washington, D.C. 20001
Service Provider: National Council of State Housing Agencies
Telephone: (202) 624-7710
Fax: (202) 624-5899
2. INFORMATION REQUIRED IN CLAIM
To be effective, a Claim must be in writing, sent to the Designated Agent at the address above and must include the following information:
(i) A physical or electronic signature of the Claimant or any other person authorized to act on behalf of the Content Owner of an exclusive right that is allegedly infringed,
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Claim, a representative list of such works,
(iii) Identification of the Content claimed to be infringing or to be the subject of infringing activity, including if applicable, identification of the link associated with such infringing Content in sufficient detail for NCSHA to locate the offending Content,
(iv) Information sufficient for the Designated Agent to contact the Claimant, including name, address, telephone number and e-mail address,
(v) A statement that the Claimant has a good faith belief that use of the material in the manner complained of is not authorized by the Content Owner or its agent, and
(vi) A statement that the information in the Claim is accurate, and under penalty of perjury, that the Claimant is authorized to act on behalf of the Content Owner.
3. NCSHA’S RESPONSE TO A CLAIM
Upon the Designated Agent’s receipt of a proper Claim, so long as such information is sufficiently clear and specific as to actionable, NCSHA will:
(i) Promptly contact the Claimant or the person authorized to act for the Content Owner,
(ii) Seek expeditiously to remove or disable access to the Content claimed to be infringing or the subject of infringing activity,
(iii) Notify the Content Owner of the Claim, that NCSHA has removed or disabled access to its Content and provide such person with the right to provide a counter-notice to the Designated Agent (“Counter-Notice“), and
(iv) Upon receipt of a Counter-Notice, promptly provide the Claimant with a copy of the Counter-Notice and, at its option, NCSHA may inform the Claimant that NCSHA will replace the removed Content or cease disabling access thereto in a stated period from 10-14 business days after receipt of the Counter-Notice unless the Designated Agent receives notice and objective evidence that Claimant (or the authorized person) has filed a court action seeking to restrain the Content Owner from engaging in infringing activity on or through our site.
4. REQUIREMENTS OF COUNTER-NOTICE
To be effective, a Counter-Notice must be in writing and must contain the all or substantially all of the following information from the Content Owner or other authorized person:
(i) A physical or electronic signature of the Content Owner,
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which such Content was posted or appeared before it was removed or access to it was disabled,
(iii) A statement under penalty of perjury that the Content Owner has a good faith belief that the material was removed or disabled as a result of mistake or misidentification, and
(iv) The Content Owner’s name, address and telephone number, and a statement that the Content Owner consents to the jurisdiction of the Federal District Court for the judicial district in which such person or entity is located, or if the Content Owner’s address is outside of the United States, for the judicial district of the District of Columbia, in which NCSHA is located, and that the Content Owner will accept service of process from the Claimant or other authorized person.
5. NOTICE OF LIABILITY FOR MISREPRESENTATION
Potential Claimants should be aware that, under the DMCA, any person who knowingly and materially misrepresents that any Content or activity is infringing, or that any Content or activity was removed or disabled by mistake or misidentification, shall be liable for any damages (including costs and attorneys’ fees) incurred by the alleged infringer or by NCSHA in responding or taking the actions outlined herein in reliance upon such material misrepresentations. NCSHA may restrict access to this site for any User who is a repeat violator of this policy or a repeat infringer of the rights of Content Owners.