You acknowledge that all GTGI Content available on this Web Channel (excluding user generated content (“UGC”)) is owned by or licensed to GTGI, our Stations, licensors, Advertisers, and/or operational service providers and are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. Except where otherwise noted, you may download, print or view individual webpages for noncommercial use, provided you do not delete or change any of the GTGI Content, including copyright or trademark notices. You may only use the Web Channel or its GTGI Content as expressly permitted in this Copyright Policy and our Web Channel Agreement and for no other purpose. GTGI, our Stations, licensors, Advertisers, and/or operational service providers retain exclusive ownership of all GTGI Content and other information regarding your use of the Web Channel. See our Web Channel Agreement for more information.
How to Provide Notification for Claims of Copyright Infringement/DMCA Policy
If you have a good faith reasonable belief that any content on this Web Channel is infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the Digital Millennium Copyright Act to GTGI’s Designated Agent (see below for contact information). Upon receipt of your written communication that substantially meets the following requirements; we will expeditiously remove content or block access to content subject to your claim of copyright infringement.
1. If you are not the owner of the content alleged to be infringed but are authorized to act on behalf of the owner, provide your physical or electronic signature and a statement that you have such authority;
2. Identification of the copyrighted work that you claim to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. A description of the allegedly infringing material on our Web Channel and information sufficient to permit GTGI’s Designated Agent to locate and remove and/or disable the content;
4. Information reasonably sufficient to permit GTGI’s Designated Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement by you that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
6. A statement by you that the information in the notification is accurate, under penalty of perjury, and that you have the authority to enforce the copyrights that are claimed to be infringed.
You may contact our Designated Agent for Notification of Claimed Copyright:
NAME: Kevin P. Latek, VP Law and Development
ADDRESS: DMCA Designated Agent
Gray Television Group, Inc.
4370 Peachtree Road, NE
Atlanta, GA 30319
The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for this Service. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.
GTGI will remove or disable access to any posted content for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If we have an accurate postal mail or email address, we will also send a notification to the user who posted the content, informing the user that the content was removed or access to it was blocked because of claimed copyright infringement.
We will terminate the privileges, membership and/or account of any user who repeatedly uses the Web Channel to unlawfully transmit or post copyrighted content without a license, express consent, valid defense or fair use exemption to do so. Please see the “GTGI Repeat Infringer Policy” below.
GTGI Repeat Infringer Policy
We will terminate the privileges, account and/or membership of repeat infringers. A repeat infringer is any user who has made two or more Postings (over a twelve (12) month period) for which we receive a notice of infringement under this Copyright Policy, or continues to post content that we reasonably believe is infringing on the copyrights of another person or GTGI’s Content. Each user agrees that if his or her account or membership is terminated pursuant to this Copyright Policy, the user will not attempt to establish a new account or membership under any name, real or assumed, and the user further agrees that by opening a new account for membership after being terminated pursuant to this Copyright Policy, you will have violated the Copyright Policy and Web Channel Agreement and you shall indemnify and hold us harmless for any and all liability that we may incur.
How to Appeal the Removal of Content with a Counter Notice If You Believe the Content Was Not Infringing
If you are a user who posted content that was removed in response to a notice of infringement and you believe that such content was removed due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the content by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement (see above for the contact information). This counter notice must include substantially the following information:
1. A physical or electronic signature of the owner or licensee of the removed or disabled content on our Web Channel;
2. Identification of the content that has been removed or to which access has been disabled and the location on our Web Channel at which the content appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the owner or licensee has a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled.
4. The owner’s or licensee’s name, postal address, email address (if applicable), and telephone number, and a statement that the owner or licensee consents to the jurisdiction of the Federal District Court for the judicial district in which our Designated Agent’s address is located or the selected jurisdictional venue in our Web Channel Agreement (our Designated Agent has sole discretion of the venue), or if the owner’s or licensee’s address is outside of the United States, for any judicial district in which GTGI may be found, and that the owner or licensee will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the content that was removed or to allow access to the content. As stated in our Web Channel Agreement (which is binding on all users) we can at our discretion remove any content for any purpose at any time. If we receive a counter notice from the user that posted the content subject to a claim of copyright infringement, we will forward a copy of the counter notice to the person who sent the notice of infringement and inform him/her that the removed content may be restored or we may allow access to the material in ten (10) business days. If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the user from infringing activity relating to the content on our Web Channel, we will not restore or allow access to the content. Otherwise, we may restore the content and allow access at our discretion. However, as a user, you acknowledge, understand and agree that we retain the right to modify, remove, block access to, or not restore content at any time for any reason without any liability to GTGI or the posting user and that we shall not be liable to a user or any third party under any circumstances for declining to restore or replace user content.
Please contact firstname.lastname@example.org if you have any questions regarding this Copyright Policy.
© Copyright 2012 Gray Television Group Inc. All Rights Reserved.