DMCA Policy

 

DMCA Notice of Alleged Infringement

Red Heron International is an online service provider as defined in the Digital Millennium Copyright Act [PDF]. We do not monitor, screen, or otherwise review the media uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the Red Heron International website and you did not authorize the use of the content, you must notify Red Heron International in writing in order for us to identify the allegedly infringing content and take action.

We will be unable to take any action if you do not provide us with the required information, so please ensure each item below is addressed accurately and completely in your notice to us. You may make a written notice via email or postal mail to the DMCA agent as listed below. Your written notice must include the following:

  1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
  2. Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
  3. Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit Red Heron International to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.
  4. Information reasonably sufficient to allow Red Heron International to contact the complaining party which may include a name, address, telephone number, and electronic mail address at which the complaining party may be contacted.
  5. 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.
  6. 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 being infringed.
Please also note that under applicable law - 17 U.S.C. 512(f) - any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

DMCA Counter Notification

If you believe material was removed in error, you may send a counter notification to our designated copyright agent at the e-mail address provided below. To file a counter notification, you must send us an e-mail that sets forth the items specified below. If we receive counter notification from you, we will forward it to the party who submitted the original notification of claimed infringement. The counter notification we forward will include your personal information, such as your name and contact details. By submitting a counter notification, you consent to having your information revealed to the complainant. We will not forward the counter notification to any party other than the original complainant unless required or expressly permitted to do so by law. To aid in the processing of your counter notification, please leave the numbered items intact when putting it together.

  1. Identify the specific URLs of material that Red Heron International has removed or to which Red Heron International has disabled access.
  2. Provide your full name, address, telephone number, and email address, and the display name of your Red Heron International account.
  3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Ada County, Idaho, 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.
  4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Sign the notice. If you are providing the notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Please note that if you are under the age of 18, your parent or legal guardian is required to take these steps for you.

Next Steps

After we forward the counter notification, the claimant must then notify us within 10 days that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on the Red Heron International website. If we receive this notification, we will be unable to restore the material. If we do not receive such notification, we may or may not reinstate the material at the sole discretion of our DMCA agent.

DMCA Agent

DMCA complaints and counter notifications should be sent to the Red Heron International DMCA agent via one of the methods shown below.

Agent: Ms. Devon Anthony
Agent Title: Red Heron International DMCA Agent
Email: dev AT redheronation DOT org
Postal Mail:

Red Heron International
Attn: DMCA Agent
P O Box 44272
Boise, ID 83711

Please note that mail is collected from this post office box twice monthly at most. Complaints and counter notifications received via email, however, are generally handled in a matter of hours, even on weekends and holidays.

Be aware that Red Heron International is not managed by attorneys and cannot give legal advice. The information contained on this page is for information al purposes only. If you have questions about the DMCA or the complaint and counter notification process, you must consult an attorney.