DMCAIt is buttermouth.com's policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to buttermouth.com as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
For any general copyright questions, please visit our Copyright Information Page. Here we simply explain buttermouth.com's process of removing copyrighted content, as well as provide links for more detailed explanations of copyright law in general.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
Infringement Notification for Online Video Search & Other buttermouth.com Features
To file a notice of infringement with us, you must provide a written communication by fax, regular mail or email, that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to buttermouth.com customer service through our contact form. You acknowledge that if you fail to comply with all of the requirements of this Section 3(D), your DMCA notice may not be valid.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the "Touch Not This Cat" by Dudley Smith, published by Smith Publishing, ISBN #0123456789").
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide:
- the buttermouth.com URL where you found the infringing URL, and
- the URL for each allegedly infringing search result.
- For example, suppose (hypothetically) that you conducted a search on buttermouth.com using the query "online video", and found that the third and fourth results directly link to a web page that you believe infringes the copyrighted text you identified in item #1 above. In this case, you would provide the following information:
- Infringing Web Pages: www.infringingwebsite.com/page.html
- Provide information reasonably sufficient to permit buttermouth.com to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit buttermouth.com to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
- Email the written communication to [email protected], Attn: buttermouth.com DMCA Complaint.
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication by fax, regular mail or email, that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs or other unique identifying information of material that buttermouth.com has removed or to which buttermouth.com has disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
- Sign the paper.
- Fax the written communication to 310-276-1952, Attn: buttermouth.com DMCA Counter Notification.