Digital Millennium Copyright Act Notice
Digital Millennium Copyright Act Notice
Effective: May 18, 2011
Copyright Infringement Notification
If you believe that content available on or through the Yamaha Corporation of America ("Yamaha"), or any affiliated, Yamaha-controlled website, including Yamaha's international websites ("Website(s)") infringes one or more of your copyrights in violation of United States Copyright law, please immediately notify Yamaha's Copyright Agent by mail, email or faxed notice ("Notification") providing the information described below. A copy of your Notification will be sent to the person responsible for the material addressed in the Notification.
Please be advised that you may be held liable for damages, including attorneys' fees and costs, if you make material misrepresentations pursuant to United States federal law in a Notification. Thus, if you are not sure whether content located on or linked-to by the Website infringes your United States copyright, you should consider first contacting an attorney.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider 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.
- 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the following:
Yamaha Corporation of America
6600 Orangethorpe Avenue
Buena Park, CA 90620
Attention: Legal Services
Upon receipt of the Notification containing the information set forth in the six points above:
- We will work to remove or disable access to the content that is alleged to be infringing;
- We will forward your Notification to the third-party content provider; and
- We will take reasonable steps to promptly notify the third-party content provider that we have removed or disabled access to the content.
Pursuant to the DMCA, after the third-party content provider receives a Notification from Yamaha, the third-party content provider will have the opportunity to respond to Yamaha with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to Yamaha's designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- 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 disabled;
- The following statement: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
- 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 subscriber address is located, or if the subscriber's address is outside of the United States, any judicial district in which Yamaha may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent's receipt of a Counter Notification containing the information as set forth above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
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