KevinMD.com claims no ownership rights in any content or image submitted to it by its contributors, posters, and commenters. KevinMD.com is committed to complying with U.S. copyright law and expects all who access our site and Service to do the same.
In compliance with the United States Digital Millennium Copyright Act, Pub. L. 105-304 (“DMCA”) http://www.copyright.gov/legislation/dmca.pdf, KevinMD.com has appointed an agent for notification of claimed infringement with the U.S. Copyright Office (see below).
Upon receipt of a valid legal notice alleging that copyright infringement is occurring, KevinMD.com will remove the offending material and provide the contributor or poster with a copy of the notice of copyright infringement. The material shall remain removed from KevinMD.com’s service until the contributor or poster has provided the designated agent at KevinMD.com a complying Counter Notification. Upon receipt of the valid Counter Notification, the law requires KevinMD.com to submit a copy of the Counter Notification to the complaining party with notice that KevinMD.com will replace or re-enable access to the allegedly infringing material in ten business days. Then, ten to fourteen business days after receiving the Counter Notification, KevinMD.com will replace or re-enable access to the allegedly infringing material, unless the complaining party has notified KevinMD.com’s designated agent that a court action relating to the materials in question has been filed in order to stop the alleged copyright infringement.
Notification of Claimed Copyright Infringement
If you believe that a web page hosted by KevinMD.com is violating your rights under U.S. copyright law, you may file a complaint thereof with KevinMD.com’s designated agent in the manner described below.
KevinMD.com c/o Kevin Pho, MD
173 Daniel Webster Highway
Nashua, NH 03062
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Univision to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
- 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 law; (e.g., “I hereby state that I have a good faith belief that the disputed use of the copyrighted material 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 (e.g., “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.”)
See 17 U.S.C. § 512(c)(3) for more details.
You also should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys’ fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with KevinMD.com’s designated agent at the address listed above. Such counter-notification must contain the following information:
- a physical or electronic signature;
- 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 Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If KevinMD.com receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled. Under the KevinMD.com Terms of Service agreement, however KevinMD.com may have the option to remove the material in any event under its “Acceptable Use” terms.
Again, you should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
NOTE: If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the preceding to you for informational purposes only.