Lucy Media welcomes you. This
Copyright and Intellectual Property Policy applies to web sites and interactive
services owned or operated by Lucy Media and its subsidiaries which include,
but are not limited to, FamousFix.com, WhosDatedWho.com, FanPix.net, AllStarPics.net,
LucyWho.com, LucyLooks.com, LucyMe.com, BDBPhotos.com, LucyPhotos.com and
TheBaseballWebsite.com (individually the "Service"; together the
"Services").
Notification of Copyright Infringement
Lucy Media respects the intellectual property rights of
others and expects its users to do the same. In accordance with the Digital
Millennium Copyright Act ("DMCA"), the text of which may be found on
the U.S. Copyright Office website at http://www.copyright.gov/legislation/, Lucy
Media will respond expeditiously to notices of alleged infringement that are
reported to Lucy Media's Designated Copyright Agent, identified in the sample
notice below.
Please note that you will be liable for damages (including costs and legal fees) if you materially misrepresent that content or activity is infringing your copyrights.
In a past case (please see OPG vs Diebold for more information),
a company that sent an infringement notification seeking removal of online material that was protected by the fair-use doctrine was ordered to pay such costs and legal fees.
The company agreed to pay over USD100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact a lawyer.
Notices of Alleged Infringement for Content Made Available Through the Services
If you are a copyright owner, authorized to act on behalf of
one, or authorized to act under any exclusive right under copyright, please
report alleged copyright infringements taking place on or through the Services
by completing the following notice ("Notice") and delivering it to
the Designated Copyright Agent.
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has
been infringed, or-if multiple copyrighted works are covered by this Notice-you
may provide a representative list of the copyrighted works that you claim have
been infringed.
- Identify the material or link you claim is
infringing (or the subject of infringing activity) and that access to which is
to be disabled, including at a minimum, if applicable, the URL of the link
shown on the Lucy Media website where such material may be found.
- Provide your mailing address, telephone number,
and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "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 (e.g., as a fair use)."
- "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."
- Provide your full legal name and your electronic
or physical signature.
Deliver this Notice, with all items completed, to Lucy Media's
Designated Copyright Agent:
DMCA Copyright Agent
Lucy Media
WOTSO
14 Wormald Street
Canberra ACT 2609
AUSTRALIA
(02) 6176 0696
email: COPYRIGHT (AT) LUCYMEDIA (DOT) COM (DOT) AU
Lucy Media does not permit copyright infringing activities
through its services and will, if properly notified that content infringes,
remove or disable access to such content. Lucy Media reserves the right to
remove or disable access to content without prior notice. In appropriate
circumstances, Lucy Media will also terminate users whom it determines to be
repeat infringers.
Counter Notices
A poster of allegedly infringing material may make a counter
notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Lucy
Media receives a counter notice, it may reinstate the material in question. To
provide a counter notice to us, please return the following form to the Lucy
Media Copyright Agent.
COUNTER NOTICE
- Identification of the material that has been
removed or to which access has been disabled on the Lucy Media service and the
location at which the material appeared before it was removed or access to it
was disabled:
- A statement as follows: "I hereby state
under penalty of perjury that 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."
- Your name, address, telephone number and, if
available, email address:
- I hereby consent to the jurisdiction of the
Federal District Court for the judicial district in which my address is located
or, if my address is outside of the United States, for any judicial district in
which Lucy Media may be found, and I will accept service of process from the
complaining party who notified Lucy Media of the alleged infringement or an
agent of such person.
- Your physical or electronic signature (full
legal name):____________________________
The Counter Notice should be delivered to the following
Designated Copyright Agent of Lucy Media:
see "Notification of Copyright
Infringement" above for the Designated Copyright Agent's contact details
Subpoenas
Lucy Media may be required to disclose information to
individuals asserting rights under the DMCA. You hereby authorize Lucy Media to
release information about you if required by law or subpoena, without notice to
you.
You agree that you, and not Lucy Media, are responsible for
any violations of any intellectual property rights in any content that you
upload to the Services.
Notification of Trademark Infringement
If you believe that your trademark (the "Infringed
Mark") is being used by a user in a way that constitutes trademark
infringement, please provide Lucy Media's Copyright Agent (specified above)
with the following information:
- Your physical or electronic signature, or a
physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit Lucy
Media to contact you or your authorized agent, including a name, address,
telephone number and, if available, an email address;
- Identification of the Infringed Mark(s) claimed
to have been infringed, including (i) for registered
Infringed Marks, a copy of each relevant federal trademark registration
certificate or (ii) for common law Infringed Marks, evidence sufficient to establish
the time period and geographic area in which the Infringed Mark has been used
by you;
- Information reasonably sufficient to permit Lucy
Media to identify the use being challenged;
- A statement that you have not authorized the
challenged use, and that you have a good-faith belief that the challenged use
is not authorized by law; and
- A statement that the information in the
notification is accurate and, under penalty of perjury, that you are the
Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark
owner.
Upon receipt of notice as described above, Lucy Media will
confirm the existence of the Infringed Mark on the Site, notify the Registered
User who posted the Infringed Mark, and take whatever action, in its sole
discretion, it deems appropriate, including removal of the Infringed Mark from
the Site. A Registered User may respond to notice of takedown by showing either
(a) that the Infringed Mark has been cancelled, or has expired or lapsed or (b)
that the Registered User has a trademark registration, an unexpired license
covering the use, or some other relevant right to the Infringed Mark. If the
Registered User succeeds in showing either (a) or (b) then Lucy Media will not
remove the Infringed Mark. If Lucy Media decides to comply with a takedown
request, it will do so within a commercially reasonable time after receipt of
the notice.
Notwithstanding the foregoing, Lucy Media will comply as
appropriate with the terms of any court order relating to alleged trademark
infringement on the Site.
Rights of Publicity and Use of Name or Likeness
Lucy Media respects the rights of individuals to exploit
their own name, voice, signature, photograph or likeness and prohibits its
users from posting Content that would otherwise misappropriate a third party's
right of publicity. If you think that your right of publicity is being
misappropriated as a result of the content on the Site, please provide Lucy
Media's Copyright Agent (specified above) with the following information:
- Information reasonably sufficient to permit Lucy
Media to identify the Content containing your likeness;
- Your name, address, telephone number and, if
available, your email address;
- A statement that you, or in the case of a minor,
your parent or legal guardian, (the "Authorizing Party") has not
authorized the challenged use, and that the use is not otherwise authorized by
law; and
- A statement that the information in the
notification is accurate and, under penalty of perjury, that you are the
Authorizing Party or that you are authorized to act on behalf of the
Authorizing Party.
Upon receipt of notice as described above, Lucy Media will
take whatever action, in its sole discretion, it deems appropriate, including
removal of the challenged use from the Site, with notice to the Registered User
in question, unless, prior to such removal, the Registered User in question
sufficiently demonstrates that he or she has appropriate authorization or
consent to use your likeness.
Notwithstanding the foregoing, Lucy Media will comply as
appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court
order.