Reporting Claims of Copyright Infringement
If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, posted, stored or transmitted in a way that constitutes copyright infringement, please submit a Copyright Infringement Notice to the Designated Agent of Highland Communication Services (HCS). The notice should be in writing and should include the following six Elements of Notification, as required by Section 512(c)(3) of the Copyright Act (17 U.S.C. § 512(c)(3)): namely,
A. A physical or electronic signature of the owner of or a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HCS to locate the material.
D. Information reasonably sufficient to permit HCS to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
E. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner of or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Complaints may be submitted by sending a letter or email to the Designated Agent of HCS: namely,
HCS Manager of Operations
P.O. Box 218
Highland, IL 62249
Phone: (618) 654-1519
Fax: (618) 882-4317
Seek legal advice prior to submitting the Copyright Infringement Notice. Under Section 512(f) of the Copyright Act (17 U.S.C. § 512(f)), if the Complaining Party “knowingly materially misrepresents . . . that material or activity is infringing,” the Complaining Party may be held liable –
“for any damages, including costs and attorneys” fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”
Upon HCS’ Designated Agent’s receipt of a Copyright Infringement Notice from the Complaining Party that is complete (containing all six Elements of Notification), HCS will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity. Upon HCS’ Designated Agent’s receipt of a Copyright Infringement Notice from the Complaining Party that is incomplete, but which contains Elements of Notification B, C, and D, as described above, HCS shall take other reasonable steps to assist in the receipt of notification that substantially includes all six Elements of Notification.
If, in response to a Copyright Infringement Notice, HCS removes or disables access to the material that is claimed to be infringing or to be the subject of infringing activity, HCS will forward the Complaining Party's Copyright Infringement Notice to the alleged infringer (hereinafter referred to as the “Subscriber”) and shall take reasonable steps promptly to notify the Subscriber that HCS has removed or disabled access to the material.
Counter Notification
A Subscriber may provide Counter Notification by providing a written communication to HCS's Designated Agent that includes substantially the following:
A. A physical or electronic signature of the Subscriber.
B. 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 access to it was disabled.
C. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
D. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which HCS may be found, and that the Subscriber will accept service of process from the Complaining Party or an agent of such Party.
Upon receipt of a Counter Notification that is complete (containing the four items described above), HCS shall promptly provide the Complaining Party with a copy of the Counter Notification, and shall inform the Complaining Party that it will replace the removed material or cease disabling access to it in 10 business days. HCS will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless HCS's Designated Agent first receives notice from the Complaining Party that the Complaining Party has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on HCS's system or network.
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