DMCA Copyright Infringement Notification

To file a copyright infringement notification, you will need to send a written communication to Rifkin Weiner Livingston LLC’s (RWL) Designated Copyright Agent with the information listed below.  Please consult with your legal counsel and/or see 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act to confirm the following requirements:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the RWL website are covered by a single notification, a representative list of such works at that site
  3. 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 RWL to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly
  4. Information reasonably sufficient to permit RWL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that RWL may, at our discretion, send a copy of such notices to a third-party for publication. As such, your notification may be forwarded for publication.

Counter-Notification

If you believe that your content was misidentified as infringing, you may elect to send RWL a counter-notice.  If the original claim of alleged infringement was filed with RWL’s Designated Copyright Agent under Section 512(c) of the DMCA, your counter-notice is governed by Section 512(g) of the DMCA and you may send a written communication to RWL’s Designated Copyright Agent with the information listed below in order for it to be effective.  Please consult with your legal counsel and/or see 17 U.S.C. Section 512(g)(3) to confirm these requirements:

  1.  Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  2. A statement under penalty of perjury that you 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
  3. The subscriber’s name, address, and telephone number, email address and any username on the RWL website
  4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in Maryland, 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
  5. Your physical or electronic signature

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notification, it includes your personal information.  By submitting a counter-notification, you consent to having your information revealed.  RWL may then reinstate the material in question at our discretion.  However, please note that in accordance with the RWL Legal Disclaimer, RWL reserves the right to remove any content submitted or posted on the RWL website for any reason or no reason at any time, and RWL reserves the right not to repost any content which has been removed.

Designated Copyright Agent

RWL’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement is as follows: RWL, Attention: Michael V. Johansen, Esq., Copyright Agent, 225 Duke of Gloucester Street, Annapolis, Maryland 21401; phone 410.269.5066; facsimile 410.269.1235; email mjohansen@rwllaw.com.  For clarity, only DMCA notices should go to the RWL Designated Copyright Agent.

If you fail to comply with all of the requirements of the DMCA, your DMCA notice(s) may not be valid.  For a complete description of the rights that you have under the DMCA, RWL refers you to the full text of the DMCA. Nothing in this RWL DMCA Notification is intended to supplant the requirements and procedures contained in the DMCA. If there is conflict between these RWL DMCA Notification policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.

THIS IS NOT LEGAL ADVICE.

BY PROVIDING THIS INFORMATION, RWL IS NOT PROVIDING LEGAL ADVICE AND IS NOT ACTING AS YOUR LEGAL COUNSEL.  THIS MATERIAL IS PROVIDED FOR INFORMATION ONLY.  YOU SHOULD CONSULT YOUR ATTORNEY FOR ADVICE IN SUBMITTING ANY NOTIFICATION AND/OR COUNTER-NOTIFICATION.