Copyright Infringement

Copyright Infringement Policy

It is IT Business Edge's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law, including but not limited to the Digital Millennium Copyright Act. Where appropriate, IT Business Edge may exercise its discretion and deny access to IT Business Edge and this site and any of the content, services and products available on or through this site, including but not limited to, the termination of any subscriptions or registrations for the use of the Knowledge Network, to any person who infringes its intellectual property rights or the intellectual property rights of others.

If your copyright is infringed: If you believe that material posted on this site violates your copyright, or provides references or links to any other Web sites which contain allegedly infringing materials, please immediately provide IT Business Edge's Copyright Agent (see name and address below) with a written statement ("Notification of Copyright Infringement") which contains all of the information stated below.

Notification of Copyright Infringement: Any Notification of Copyright Infringement provided to IT Business Edge must contain all of the following information:

 
   1.  The electronic or physical signature of the person authorized to act on behalf of the copyright owner;
   2.  Identification of each copyrighted work that you claim has been infringed;
   3.  A description of where the material that you claim is infringing is located on this site that is reasonably sufficient for IT Business Edge to locate the material;
   4.  Your name, address, telephone number and e-mail address;
   5.  A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
   6.  A statement by you, made under penalty of perjury, that the above information in your statement is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

 

IT Business Edge's Copyright Agent: IT Business Edge's Copyright Agent is Kim Spalding and she can be reached as follows:

By mail:
111 West Washington Street
Suite 300
Louisville KY 40202

By Phone: 502-583-8286
By Fax: 502-583-8936
By E-mail: kim.spalding@itbe.com

Procedure After Notification: After IT Business Edge's Copyright Agent receives a written notification of copyright infringement which substantially complies with the requirements listed above, IT Business Edge will take the following steps:

   1.  IT Business Edge will disable access to or remove the allegedly infringing material;
   2.  IT Business Edge will take reasonable steps to promptly notify the person who wrote or posted the allegedly infringing material (the "Alleged Infringer") that it has removed or disabled access to the material.
   3.  At the same time, IT Business Edge will inform the Alleged Infringer that he or she has the right to send a counter-notification ("Counter Notification") to IT Business Edge which contains all the information stated below.
   4.  Upon receipt of a Counter-Notification, IT Business Edge will take reasonable steps to promptly send a copy of the Counter-Notification to the person who provided the original notification (the "Copyright Owner").
   5.  At the same time, IT Business Edge will inform the Copyright Owner that IT Business Edge will replace the material it removed or will cease disabling access to it in ten (10) business days.
   6.  IT Business Edge will replace the material it removed or will cease disabling access to it in not less than ten (10) and in not more than fourteen (14) business days following receipt of the Counter-Notification. It will do this unless its Copyright Agent receives a notice from the Copyright Owner that the Copyright Owner has filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on IT Business Edge's system or network. IT Business Edge must not be listed as a party to the action; any lawsuit should solely be between the Copyright Owner and the Alleged Infringer.

 

Counter-Notification: To send a Counter-Notification, the Alleged Infringer should provide IT Business Edge's Copyright Agent (see name and address above) with a written statement which contains all of the following information:

   1.  The electronic or physical signature of the Alleged Infringer or a person authorized to act on his or her behalf.
   2.  Identification of the material which IT Business Edge 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.
   3.  A statement under penalty of perjury that the Alleged Infringer 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.
   4.  The Alleged Infringer's name, address and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the Alleged Infringer's address is located. If the Alleged Infringer's address is outside the United States, the Alleged Infringer must include a statement that he or she consents to jurisdiction of the Federal District Court for any judicial district in which IT Business Edge may be found. The Alleged Infringer's written statement must also state that he or she will accept service of process from the person who provided the original notification of copyright infringement or from that person's agent.

 

Misrepresentation: Please note that under Section 512(f) of the Digital Millennium Copyright Act (17 U.S.C. § 512), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification may be subject to liability.