Caladrius Communications, LLC’s

DMCA Notification Policy

Caladrius Communications LLC (herein “Peachbooth”) will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content.

On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Peachbooth may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law–the privacy policy for the Peachbooth web site does not protect information provided in these notices.

Procedure To File a Notification:

A written notification must be made. Written letters can be delivered via regular mail or courier. Emails will not be accepted. The notification letter to us must contain the all of the following information:

  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
  • Identify the particular item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item via a link. For example “The allegedly infringing work I am referring to is located at http://www.peachbooth.com/exampleitem” (You can easily copy and paste the link into your word processing program directly into your letter to reduce the chance of creating a typo.)
  • Provide a method of contacting you; phone number, mailing address, and email address must be provided to Peachbooth.
  • (Optional Information): Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
  • Include the following statement in your letter: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
  • 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.”
  • Sign the letter.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that an item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether your work is protected by copyright laws.

Send the written document to the designated “DMCA Copyright Agent” at Peachbooth, Inc.:
Caladrius Communications LLC
21337 39th Ave., #244
Bayside, New York 11361
Attn: Copyright Agent, DMCA Notification

Procedure to file a counter-notification:

  • List the items that were removed by Peachbooth, and the location or user profile where the material appeared before it was removed. Please identify the object in sufficient detail and a link if possible.
  • Provide your name, address, telephone number, email address.
  • State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or New York if your address is outside of the United States).
  • State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  • State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Sign the letter.

Send the written document to the designated “Copyright Agent” at Peachbooth, Inc.:
Caladrius Communications LLC
21337 39th Ave., #244
Bayside, New York 11361
Attn: Copyright Agent, DMCA Counter Notification

PEACHBOOTH DOES NOT ADJUDICATE THE SUBSTANCE OF THE COPYRIGHT CLAIM: WE DO NOT DECLARE WINNERS AND LOSERS. YOUR COPYRIGHT IN AN ITEM IS DETERMINED BY LAW, INCLUDING THE DMCA. PEACHBOOTH CAN NOT PROVIDE LEGAL ADVICE TO YOU. IF YOU ARE UNCERTAIN ABOUT ANY LEGAL ISSUES, YOU ARE WELL-ADVISED TO OBTAIN THE SERVICES OF A LEGAL PROFESSIONAL.

Resources:

Furthermore, there are many available resources on the Internet. Peachbooth is not responsible for the content provided by these other resources, but we have found the following to be informative:

A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code is here:
http://www.copyright.gov/title17/92chap5.html

More government-provided information on copyrights can be found here:
http://www.copyright.gov

Many libraries and universities also maintain useful public information regarding copyrights.