DMCA Policy

Section I – Copyright and the DMCA

 

When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.

In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.

 

It is CareerSmart’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. CareerSmart’s response may include removing or disabling access to a user submitted work claimed to be infringing. If CareerSmart removes or disables access in response to such a notice, CareerSmart will make a good-faith attempt to contact the author who submitted the work to CareerSmart so that the author may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.

Below are detailed instructions which must be followed to protect your rights under the DMCA.

Section II – Instructions for Copyright Owners

CareerSmart will only respond to notifications that contain the following:

  • A description of the work that is claimed to be infringing and its URL on the CareerSmart website.
  • A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.
  • A statement providing the basis for the complaint.
  • The following contact information:

 

  1. The complaining party’s full legal name
  2. The authorized agent’s full legal name (if applicable)
  3. A postal address for contacting the complaining party
  4. An e-mail address for contacting the complaining party
  5. A phone number for contacting the complaining party
  • The following statements:
  1. “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  2. “This notification is accurate.”
  3. “UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”
  • A physical or electronic signature of the complaining party or the authorized agent thereof.
  • Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner).

The complaining party or authorized agent thereof should file the notification using one of the following methods:

  1. Via one of the contact means identified in the U.S. Copyright Office’s online service provider directory for CareerSmart (copyright.gov/onlinesp/);
  2. By contacting CareerSmart by mail at DMCA Agent, c/o CareerSmart Learning, 2601 Saturn Street Suite 300, Brea, CA 92821;
  3. By contacting CareerSmart by email at info@careersmart.com; or
  4. By contacting CareerSmart by phone at (877) 479-7247.

 

Upon receipt of a complete notification, CareerSmart will remove or disable access to the user submitted work that is claimed to be infringing from the CareerSmart website. The author who submitted the work will be forwarded a copy of the notification and will be alerted that access to the work has been removed or disabled.

 

Section III – Instructions for Authors / User Submitters

Any complaining party or authorized agent thereof following the procedures in Section II above can require CareerSmart to remove or disable access to copyrighted content. When CareerSmart receives a proper notification from a complaining party or authorized agent thereof, CareerSmart will immediately investigate and comply. This is a legal requirement; you will not receive advance warning and you will not be given an opportunity to “fix it” first.

If you are found to repeatedly submit infringing works, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting works. CareerSmart considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting works.

CareerSmart will only respond to counter-notifications that contain the following:

  • A description of the work that is claimed to be infringing and its URL at the CareerSmart website before access to the work was removed or disabled.
  • A statement why the claim of copyright infringement should be rejected.
  • The following contact information:
  1. The responding party’s full legal name.
  2. The authorized agent’s full legal name (if applicable).
  3. A postal address for contacting the responding party.
  4. An e-mail address for contacting the responding party.
  5. A phone number for contacting the responding party.
  • The following statements:
  1. “UNDER PENALTY OF PERJURY, I have 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.”
  2. “UNDER PENALTY OF PERJURY, I have 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.”
  3. “I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”
  4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.”
  • A physical or electronic signature of the responding party or authorized agent thereof.
  • Your authority for submitting the counter-notification (e.g., author who submitted the work, authorized agent of author who submitted the work).

The responding party or the authorized agent thereof should file the notification using one of the following methods:

  1. Via one of the contact means identified in the U.S. Copyright Office’s online service provider directory for CareerSmart (copyright.gov/onlinesp/);
  2. By contacting CareerSmart by mail at DMCA Agent, c/o CareerSmart Learning, 2601 Saturn Street Suite 300, Brea, CA 92821;
  3. By contacting CareerSmart by email at info@careersmart.com; or
  4. By contacting CareerSmart by phone at (877) 479-7247.

 

If CareerSmart receives your counter-notification, but your work does not comply with the CareerSmart Terms of Use, CareerSmart may inform you that CareerSmart is not able to reinstate your work. CareerSmart may also request further information from you in order to determine whether the work can be reinstated.

 

In many circumstances, CareerSmart will forward your counter-notification (including the contact information submitted with your counter-notification) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact CareerSmart to request that CareerSmart reinstate your work. If your work otherwise complies with the CareerSmart Terms of Use, CareerSmart may reinstate your work at that time.


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