COPYRIGHT AND INTELLECTUAL PROPERTY POLICY, NOTICE of CLAIMS
It is MSBA’s policy in appropriate circumstances and at its discretion to disable or terminate the accounts of users who may be repeat infringers of the copyright and intellectual property rights of others.
Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MSBA’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the MSBA site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The MSBA's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Joe Kaczrowski, Director of Online Services
Minnesota State Bar Association
600 Nicollet Mall, Suite 380
Minneapolis, MN 55402
By phone: 612-333-1183
By fax: 612-333-4927
By email: firstname.lastname@example.org
Our adoption of Higher Logic means we’ll be encouraging members to post their thoughts, comments, replies, files and other material to our new online community. It is possible -- likely, even -- those members will post material claimed to be the property of a third party, another member, or some other rights holders. In this way, our adoption of Higher Logic heightens our exposure to contributory copyright infringement liability. You’re maybe aware, however, the Digital Millennium Copyright Act (DMCA) effectively shields ‘online service providers’ from infringement liability. As a ‘service provider’ under section 512(c) of the Copyright Act, the MSBA may limit its liability by adopting a few simple procedures:
- Designate an Agent. A one-page form filed with the Copyright Office provides rights holders with information about how to notify the MSBA about allegedly infringing material found on our site. Completed forms are published at a directory of agents here: http://copyright.gov/onlinesp/list/a_agents.html. A copy of our completed form is attached naming Joe Kaczrowski as our designated agent. For your reference, a copy of the Ohio State Bar Association’s designation is also attached. Filing fee is $140.
- Adopt removal procedures. Once a takedown notice is received, the DMCA requires the MSBA ‘expeditiously’ remove offending material. Our outline for how to meet these requirements is attached.