Digital Millennium Copyright Act Notice

The Digital Millennium Copyright Act of 1998 (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 materials hosted by PowerSwitch Action infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.  Please see the following requirements and specific instructions for submitting a notice to PowerSwitch Action. If you believe that your copyright-protected work has been copied and posted on PowerSwitch Action’s digital properties in a way that constitutes copyright infringement, then please contact PowerSwitch Action’s DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  • Your contact information so that we can contact you (for example, your address, telephone number, email address);
  • A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;
  • A written statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  • Your physical or electronic signature.

Please send this written notice to our designated agent as follow:

DMCA Agent
PowerSwitch Action
1305 Franklin St. Suite 501

Oakland CA 94612
Email: communicators@powerswitchaction.org

Counter-Notification

If material that you have posted to PowerSwitch Action’s digital properties has been taken down, you may file a counter-notification that contains the following details:

  • 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 disabled;
  • 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 in question;
  • Your name, address and telephone number;
  • A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which PowerSwitch Action, may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
  • Your physical or electronic signature.

Please send this written notice to our designated agent as follows:

DMCA Agent
PowerSwitch Action
1305 Franklin St. Suite 501

Oakland CA 94612
Email: communicators@powerswitchaction.org

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability.   Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.  Notices and counter-notices with respect to PowerSwitch Action’s digital properties should be sent to PowerSwitch Action’s DMCA Agent for Notice of claims of copyright infringement at:

DMCA Agent
PowerSwitch Action
1305 Franklin St. Suite 501

Oakland CA 94612
Email: communicators@powerswitchaction.org (with the subject line “DMCA Communication”).

PowerSwitch Action’s DMCA Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section. All other inquiries directed to PowerSwitch Action’s DMCA agent will not be answered. Misuse of the DMCA can subject you to liability.