DMCA - THE DIGITAL MILLENNIUM COPYRIGHT ACT
In accordance with the Online Copyright Infringement Liability Limitation Act (the "Act"), 17 USC § 512(3), TruVista has filed with the United States Copyright Office the necessary designated agent information to facilitate notice to TruVista of alleged online copyright infringement on TruVista’s network. TruVista’s designated agent for notification of alleged copyright infringement and counter notification is as follows:
Name: Eric S. Ramey
Address: 112 York Street, P.O. Box 160, Chester SC 29706
You may directly view our designated agent information at the following link: https://dmca.copyright.gov/osp/
TRUVISTA’S POLICY STATEMENT
ON REPEAT INFRINGEMENT:
TruVista complies with the Online Copyright Infringement Liability Limitation Act of 1998. As required by the Act, we have adopted a policy to terminate services to account holders or subscribers who repeatedly infringe copyrights. In the event that we receive a determination that any subscriber or account holder has infringed another’s copyright through the use of our system or network, we reserve the right to terminate service to that subscriber or account holder after receiving notice of any further copyright infringement by that subscriber or account holder. TruVista accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act. by you, plus auto-filing, auto-tagging, auto-deletion, and other time-saving tools for automating tedious tasks.
NOTES ON THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AND HOW IT RELATES TO OUR CUSTOMERS:
TruVista complies with the Digital Millennium Copyright Act (DMCA) and the Online Copyright Infringement Liability Limitation Act. The DMCA protects copyrighted works from online infringement while the Online Copyright Infringement Liability Limitation Act limits the potential liability imposed by the DMCA on Internet Service Providers (ISP) like TruVista.
TruVista is required to notify on-line account holders of any incident of alleged copyright infringement upon proper notice from the copyright owner or authorized agent.
CONTENTS OF NOTICE OF INFRINGEMENT
The DMCA specifies the requirements for a valid notice of infringement. A complaining party must put the notice in writing and include the following six specific items:
- The physical or electronic signature of the copyright owner or representative.
- Identification of the copyrighted work.
- Identification of the infringing material or activity with information reasonably sufficient to permit the service provider to locate the material.
- Information sufficient for the service provider to contact the complaining party.
- A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the complaint is accurate, and under penalty of perjury, the complaining party is entitled to act on behalf of the owner.
HOW DOES TRUVISTA RECEIVE THESE NOTICES OF INFRINGEMENT? AND, HOW DO WE RESPOND?
These notices are most often received by TruVista via email from the copyright owner or his designated agent. If the notice is proper, we attempt to determine whether the IP (Internet Protocol) address is under the control of TruVista. If the IP Address is a valid TruVista address, then we determine whether the address is a “static” address (i.e. permanently assigned to a specific customer) or a “dynamic” address (i.e. temporarily assigned to customers from a common pool of addresses for a limited time as needed). Dynamic addresses require a computer search of server logs to see if we have a record of the association of the IP address shown in the Infringement Notice with the specific customer account using the IP address at the date and time of the alleged infringement.
If your account is positively identified, we will forward, via US Mail, a paper copy of the Notice to you at the mailing address of record on file with TruVista. TruVista will remove or disable on-line access to the copyrighted material where technically feasible. If we continue to receive notices of alleged infringement that are linked to your internet account, we may then disable or disconnect your internet service.
WHAT SHOULD I DO IF I RECEIVE A NOTICE OF COPYRIGHT INFRINGEMENT?
First, you should immediately disable on-line sharing of all copyrighted material for which you do not have the legal right to share. And then, permanently remove from all computers, under your control, any copyrighted works which you do not legally possess. To help deter infringements that could occur without your knowledge, you should consider protecting your computer with a strong password. And, especially consider protecting any wireless routers by using a strong password and by enabling encryption. Please refer to the manufacturer’s instructions for your specific brand of router. If you cannot find instructions, the following website may be helpful: http://www.laptopmag.com/articles/set-a-password-on-your-wi-fi-network-how-to
If you feel the Notice was incorrect, you may send us a Counter Notification. You may also choose to open a formal dispute with the copyright owner or his agent by responding with a counter-notice sent directly to the contact in the Notice of Infringement. However, in no event will TruVista become a party to any dispute arising from such Notices or Counter-Notices.
A Counter Notification must include the following:
- Your physical or electronic signature.
- Identification of the content we removed or disabled and its location.
- A statement that under penalty of perjury you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification.
- Your name, address, and telephone number.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the complaining party.
If we receive a counter notification from you, we will forward it to the complaining party, and replace or restore any content that we were able to remove between 10 and 14 business days after we receive the counter notification. Please note, we will not replace or restore the content if the complaining party responds to the counter notification by providing us with a notice of legal action. We may also be required to release the identity of the account holder in response to a subpoena in cases of alleged copyright infringement.
If we continue to receive notices of alleged infringement that are linked to your internet account, we may then disable or disconnect your internet service.
In recent times, owners of copyrighted works, have stepped up efforts to fight copyright infringement. Pursuant to the Digital Millennium Copyright Act (DMCA), it is illegal to copy or share intellectual property -- music, videos, games, software and other materials -- without permission. Copyright owners and agents on their behalf send notices of infringement to TruVista to report infractions related to a particular IP address on our network. TruVista follows the regulations and guidelines outlined by the DMCA for responding to copyright infringement notices. In such cases, TruVista will send a notice to you informing you of the alleged infraction and TruVista’s policy of enforcement against repeat infringers. Subscribers may be more likely to receive a notice of infringement from TruVista for downloading or uploading, or allowing others to download or upload content to and from your computer. If you have file sharing or peer-to-peer software on your computer, you may inadvertently be distributing copyrighted materials anytime your computer is on the network. In addition, use of KODI with Amazon’s Fire Stick to view movies and TV shows without a fee, will invite copyright enforcement. TruVista’s recommendation is to disable and remove file sharing, peer-to-peer, KODI and similar software from your devices. Subscribers should not share usernames and passwords and should also make every effort to ensure that computers are secure.
Illicit streaming devices are boxes or USB sticks you plug into your TV that have been adapted in some way to access content you haven't paid for, or hasn't been approved. When you download content using these devices or any other device without permission from the content owner(typically via payment) this is considered Copyright Infringement.
If you infringe on the rights of the content owners, you could receive penalties up to and including administration fees, disruption of service, or legal action by the content owners.
Additional information is available at the US Copyright Office web site: