Digital Millennium Copyright Act
It is Portland Marketing Analytics, LLC’s (d/b/a “Genealogy Beginner”) policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any user submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Genealogy Beginner to locate the material;
- Information reasonably sufficient to permit Genealogy Beginner to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Genealogy Beginner’s designated Copyright Agent to receive notifications of claimed infringement is: Christopher H. Clegg, Portland Marketing Analytics LLC, PO Box 15044 Portland, ME 04112-5044, or facsimile: 207.221.1283. 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 Genealogy Beginner customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Genealogy Beginner website or disabled after Genealogy Beginner received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Genealogy Beginner a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Genealogy Beginner may send a copy of the counter-notice to the original complaining party informing that person that Genealogy Beginner may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides Genealogy Beginner with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Genealogy Beginner’s sole discretion.