Terms & Policies
Copyright Infringement Notice and Takedown Policy
Adopted under the Digital Millennium Copyright Act, 17 U.S.C. §512. The Parish respects intellectual property and expects the same.
5. Notice and Takedown
Effective [Effective date]. Last revised [Last revised].
5.1 Designated agent
Notifications of claimed infringement go to our designated agent:
[DMCA designated agent — a role, not a person]DMCA Designated Agent[Parish legal name (corporate form)]2900 Olney Sandy Spring Rd, Olney, MD 20832Email: [DMCA agent email]Phone: [Parish telephone number]Only notices of claimed copyright infringement go to this address. Other inquiries sent here will not receive a response; use the contact details in the Terms of Use.
5.2 Filing a notification
A notification must be in writing, signed physically or electronically, and must include all six elements required by 17 U.S.C. §512(c)(3)(A):
- A physical or electronic signature of the copyright owner or a person authorised to act for the owner.
- Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works at one site are covered by one notice.
- Identification of the material claimed to be infringing, with enough detail to locate it — a full URL is expected.
- Your name, mailing address, telephone number, and email address.
- A statement that you have a good faith belief that the use is not authorised 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 you are authorised to act on behalf of the owner of the exclusive right allegedly infringed.
A notification missing these elements may not be effective under the statute, and may not begin the response timeline.
5.3 What we do on receipt
On receipt of a compliant notification we will act expeditiously to remove or disable access to the identified material, take reasonable steps to notify the person who posted it, and give that person a copy of the notification and a description of the counter-notification process.
5.4 Counter-notification
If your material was removed and you believe it was removed by mistake or misidentification, you may send a counter-notification to the agent in §5.1 containing all four elements required by 17 U.S.C. §512(g)(3):
- Your physical or electronic signature.
- Identification of the material removed and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number, a statement consenting to the jurisdiction of the United States District Court for the District of Maryland (or, if your address is outside the United States, of any judicial district in which we may be found), and a statement that you will accept service of process from the person who filed the notification or their agent.
On receipt of a compliant counter-notification we will forward it to the original complainant and advise that the material will be restored in not less than 10 and not more than 14 business days, unless the complainant first notifies us that they have filed an action seeking a court order to restrain the activity.
5.5 Penalties for false statements
17 U.S.C. §512(f): any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, the copyright owner, or the service provider.
Both notifications and counter-notifications are sworn documents. Do not file one lightly.
5.6 Repeat infringers
Consistent with 17 U.S.C. §512(i), the Parish has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts and access of users who are repeat infringers.
Operationally: a first substantiated notification results in removal and written warning; a second results in suspension pending review; a third results in termination of the account and of portal access. Egregious single incidents — for example, bulk republication of licensed liturgical or catechetical material — may result in immediate termination. Termination of site access does not affect a person’s participation in parish sacramental life, which is a separate pastoral matter.
We accommodate standard technical measures used by copyright owners to identify and protect works, as §512(i) requires.
5.7 Content submitted by users
Material you upload or submit remains yours. By submitting it you grant the Parish a non-exclusive, royalty-free licence to store, reproduce, and use it solely to administer the Program, and you represent that you own it or are authorised to submit it, and that it infringes no third party’s rights.
Do not upload anything you do not have the right to upload. That includes copyrighted study material from a publisher, another parish’s or diocese’s materials, or content from a paid course or subscription service.
5.8 Repeated bad-faith notices
Notices submitted in bad faith, to harass, or to suppress lawful criticism will be documented, may be published in redacted form, and may be referred for action under §512(f).