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Procedures for Requesting Removal of Infringing Material

These procedures are incorporated into and are part of the Terms and Conditions of Use Agreement of the COMMON website (Site).

The owner of a copyrighted work (or the agent for the owner) who believes that material posted on the Site infringes on the copyrighted work may request that the allegedly infringing material be removed from the Site by notifying COMMON’s designated agent for such purposes. The notice of alleged copyright infringement must:

  1. identify in sufficient detail the copyrighted work claimed to have been infringed;
  2. provide the electronic or physical signature of the copyright owner or a person authorized to act on the owner’s behalf;
  3. include a statement by the copyright owner or authorized agent that he or she has a good faith belief that the disputed use is unauthorized;
  4. include a statement that the information contained in the request is accurate and an attestation, under penalty of perjury, that the requesting party is the copyright owner or authorized agent; and
  5. include the copyright owner’s or authorized agent’s name, mailing address, telephone number, and email address.

A notice of alleged copyright infringement may be submitted to COMMON’s designated copyright agent by mail or email as set forth below:

Marketing Department COMMON

8770 West Bryn Mawr Avenue, Suite 1350

Chicago, IL 60631

marketing@common.org

Please note that anyone who submits a false notice and materially misrepresents that content on the Site is infringing may be liable for damages, including court costs and attorneys’ fees. Upon receiving a proper notice, COMMON will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the owner’s claim. COMMON also will advise the alleged infringer of the statutory counter-notification procedure described below, by which the alleged infringer may respond to the claim and request that his or her material be restored. Anyone who believes that his or her own copyrighted material has been removed by COMMON from the Site as a result of mistake or misidentification may submit a written counter-notice to COMMON’s designated copyright agent. To be effective, a counter-notice must:

  1. identify the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  2. include a statement consenting to the jurisdiction of the federal district court in which the submitting party’s address is located or, if the address is outside the United States, any judicial district in which the service provider may be found;
  3. include a statement that the submitting party will accept service of process from the party that filed the notice of alleged copyright infringement or the party’s agent;
  4. provide the submitting party’s name, address, and telephone number;
  5. include a statement, under penalty of perjury, that the submitting party has a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  6. include the submitting party’s physical or electronic signature.

A counter-notice may be submitted to COMMON’s designated copyright agent by mail or email as set forth below:

Marketing Department

COMMON

8770 West Bryn Mawr

Avenue, Suite 1350 Chicago, IL 60631

marketing@common.org

Please note that the above is not a substitute for legal advice, and one should obtain legal advice to better understand his or her rights and obligations under the DMCA and applicable laws.