Copyright and Intellectual Property Policy
Red Room Omnimedia Corporation respects the intellectual property of others, and we ask our users to do the same. Red Room Omnimedia Corporation is not responsible for content on author home pages or content on other websites that you may find or access when using Red Room Omnimedia Corporation’s products or services. Material available on author home pages or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of other websites, and not the Red Room Omnimedia Corporation Terms of Service, govern your use of that material. It is Red Room Omnimedia Corporation’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or appear to infringe the copyrights or other intellectual property rights of Red Room Omnimedia Corporation and/or others.
Notice for Claims of Intellectual Property Violations and Agent for Notice If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Red Room Omnimedia Corporation’s Copyright Agent with the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) A description of the copyrighted work or other intellectual property that you claim has been infringed; (3) A description of where the material that you claim is infringing is located on the Red Room Omnimedia Corporation site, with enough detail that we may find it on the website; (4) Your address, telephone number, and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Red Room Omnimedia Corporation’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:Copyright Agent c/o Red Room Omnimedia Corporation Inc. 414 Gough Street, Suite 2 San Francisco, CA 94102
By phone: (415) 822-1922
By fax: (415) 822-1923
Please note that, because of security concerns, email attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Permissions If you are seeking permission to use Red Room Omnimedia Corporation trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the permission requests department, not the copyright agent.
Digital Millennium Copyright Act It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Red Room Omnimedia Corporation as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified herein is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website) but we will respond to notices of this form from other jurisdictions as well. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Infringement Notification for Web Search and all other products To file a notice of infringement with us, you must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers): (1) Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is the “Touch Not This Cat” by Dudley Smith, published by Smith Publishing, ISBN #0123456789”). (2) Identify the material that you claim is infringing the copyrighted work listed in item #1 above. FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result. For example, suppose (hypothetically) that you conducted a search on Red Room Omnimedia Corporation.com using the query “Red Room Omnimedia Corporation,” and found that the third and fourth results directly link to a web page that you believe infringes the copyrighted text you identified in item #1 above. In this case, you would provide the following information: Search Query: Red Room Omnimedia Corporation Infringing Web Pages: www.infringingwebsite.com directory.infringingwebsite.com If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to copyright@redroom.com. (3) Provide information reasonably sufficient to permit Red Room Omnimedia Corporation to contact you (email address is preferred). (4) Provide information, if possible, sufficient to permit Red Room Omnimedia Corporation to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). (5) Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” (6) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” (7) Sign the paper. (8) Send the written communication to the following address: Red Room Omnimedia Corporation, Inc. Attn: Red Room Omnimedia Corporation Legal Support, DMCA Complaints 414 Gough Street, Suite 2 San Francisco, CA 94102
Or by fax: (415) 822-1923 Attn: Red Room Omnimedia Corporation Legal Support, DMCA Counter Notification
Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects for publication. You can see an example of such a publication at www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A link to your published letter will be displayed in Red Room Omnimedia Corporation’s search results in place of the removed content.
Counter Notification The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers): (1) Identify the specific URLs or other unique identifying information of material that Red Room Omnimedia Corporation has removed or to which Red Room Omnimedia Corporation has disabled access. (2) Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco, California, if your address is outside of the United States), 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. (3) Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.” (4) Sign the paper. (5) Send the written communication to the following address: Red Room Omnimedia Corporation, Inc. Attn: Red Room Omnimedia Corporation Legal Support, DMCA Counter Notification 414 Gough Street, Suite 2, San Francisco, CA 94102
By phone: (415) 822-1922
By fax: (415) 822-1923 Attn: Red Room Omnimedia Corporation Legal Support, DMCA Counter Notification
—

