Do you have a good faith belief that your intellectual property rights have been violated by Craig Smyser? Do you have a good faith belief that a third party may have uploaded content to RealEstateInAustin.com?
If you have answered yes to either or both of these questions, Craig Smyser requests you provide to it at its primary office address at, 6548 Comanche Trail Suite 401-D Austin, TX 78732, the information listed below in accordance with DMCA:
1. Please describe the copyrighted material, work or other intellectual property (collectively "Material") which you believe is being infringed upon, and where on the RealEstateInAustin.com website the Material is located.
2. Your contact information (name, telephone number, e-mail address, or other detail where Craig Smyser* or the alleged infringing party can make direct contact with you).
3. Describe that you have a good faith belief that the Material and/or its use is not authorized by the existing copyright or other intellectual property rights' registered owner, by its agent or by law, and such statement and/or description is signed** under the penalties of perjury that you are the owner of the Material or the person authorized by the owner to act.
Upon receipt of the information above Craig Smyser will act expeditiously to remove or disable access to the offending material, but may need additional information to fully address the DMCA notice that you have provided to us and before removing any of the offending material. Your contact information given in the notice requested may be provided to the alleged infringing party if it is not Craig Smyser so an appropriate proper response can be sent.
DMCA is the Digital Millennium Copyright Notice, which states that an Internet Service Provider must remove materials from a web site that appear to infringe upon copyrighted materials after the ISP receive proper notice or lose safe harbor and be subject to liability.
* The alleged infringing party may be someone other than Craig Smyser.
** The signature may be an electronic signature.
The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices must be sent in writing by email to [email protected].
"The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and email address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.