Copyright & Trademark Policies
At SecondaryELA, we respect the intellectual property rights of others, and we ask that our users do the same. We’ve established the following intellectual property infringement policy in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If we receive a valid infringement Notice from a copyright or trademark owner that meets all of the requirements listed below, we comply with the law and remove the content from our site. As a service provider hosting content produced by our community, SecondaryELA isn’t in a position to make legal judgment calls or resource comparisons, so we often have to rely on formal Notices to take action.
If we find that a member of our site has violated this policy repeatedly or egregiously, we’ll close that user’s store, and we may take further action.
This policy provides instructions on how to submit a formal Notice. If you have any other questions or concerns about our service or policies, please contact us by visiting www.SecondaryELA.com/contact and a member of our support team will get to back to you. Keep in mind that SecondaryELA can’t offer you legal advice or guidance, so if you have questions about your resources, copyright or trademark law, fair use exceptions, or the like, we encourage you to discuss them with an attorney.
NOTICE AND TAKEDOWN PROCESS
We work hard to respond as quickly as we can to complete notices of alleged copyright or trademark infringement. As required by the law, we’ve assigned a Designated Agent to receive infringement claims. You can find our Designated Agent’s contact information at the end of this Policy.
If you believe that your work has been used in a way that constitutes copyright or trademark infringement in material found on our website, please submit a notice to our Designated Agent. To comply with the requirements of the law, your notice needs to include all of the following information:
1. Identification of your intellectual property that you claim has been infringed upon on our website;
2. Identification of the material that you claim has infringed on your intellectual property, including:
an explanation of how the material identified is using your intellectual property in a way that constitutes infringement, AND
a description of where the material you’ve identified is located on the SecondaryELA website, with sufficient detail to allow us to find the material (A URL of the resource page is best);
3. Your contact information, including your full name, mailing address, telephone number, and email address;
4. Statement by you, stating that you have a good faith belief that the disputed use of the work is not authorized by the intellectual property owner, its agents, or the law;
5. Statement by you stating that, under penalty of perjury, the information provided in your notice is accurate and that you are the intellectual property owner or are authorized to act on behalf of the owner;
6. Electronic or physical signature of the person authorized to act on behalf of the copyright holder.
Keep in mind — under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney’s fees.
Making sure you include all of the required pieces of information will help us more quickly address your request. In addition to the above items, it may be helpful to include any additional information to allow us to verify the status of the work you claim has been infringed (for example, a copy of the trademark or copyright registration for the work).
What happens after you submit your Notice?
Trademark Notice — If your Notice of Trademark Infringement contains all of the required information, we’ll consider your request and take what action we believe in good faith to be appropriate. To make it easier for us to process your request and ensure that all of the infringing content is removed, make sure your notice is as specific as possible about where your mark appears on our site. For example, by identifying each place it appears in a resource, or in the name of a store or title of a resource.
Copyright Notices — We’ll review your Notice of Copyright Infringement to make sure it contains all of the required information. The more specific your explanation is about which parts of a resource you believe are infringing, the easier it will be for us to process your request and ensure that the infringing content is removed. When we do take action on a notice, we reach out to the member who posted the content, forward them your notice, and remove the material from our site.
The user who posted the content has a legal right to submit a Counter-Notice (described in more detail below) if they believe that the content was misidentified as infringing or was removed by mistake. If we receive a complete Counter-Notice, we’ll forward it to you. Then, it’s up to you to take further legal action to protect the work. The law gives you 10 days to let us know you’ve done so. Otherwise, we have to allow the individual to repost the content.
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Copyright Counter-Notice Process
If you’ve received a Notice of Copyright Infringement from us about one or more of your resources and you wish to dispute the claim that your work is violating the copyright of the notifier, you can submit a Counter-Notice to our Designated Agent. A reply to the email we sent you works just fine. Your Counter-Notice needs to contain all of the following information:
1. Identification of your material that has been removed, including a description of where the material appeared on the SecondaryELA website before it was removed or disabled (a URL is best);
2. Statement by you stating that, under penalty of perjury, you have a good faith belief that the material was removed as a result of a mistake or misidentification of the material in question;
3. Your contact information, including full name, mailing address, telephone number, and email address;
4. Statement by you stating that:
you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which SecondaryELA is located, and
that you will accept service of process from the person who provided notification of the alleged infringement;
5. Your electronic or physical signature.
After You Submit Your Counter-Notice
If your notice includes all of the above information, we’ll forward it to the folks who sent the original notice. Then they’ll have 10 days to let us know if they’ve initiated further action to legally protect their work. If so, we have to respect that and your material will remain blocked from the site. If we don’t receive anything from them, we’ll put your resource back up at the end of that 10 day period.
DESIGNATED AGENT & CONTACT INFORMATION
You can submit a Notice or Counter-Notice to our Designated Agent by email or mail using the following contact information:
16 South Ave West, Suite 191
Cranford, New Jersey 07016
This contact information should be used only to submit formal Notices or Counter-Notices. If you have any other questions or concerns relating to our service or policies, please contact us (www.SecondaryELA.com/contact) and a member of our support team will get to back to you very soon. Keep in mind that SecondaryELA isn’t able to offer you legal advice or guidance, so if you have questions about copyright or trademark law, fair use exceptions, or the like, we encourage you to discuss them with an attorney.