# SunshinePPS DMCA Policy ## [Designated Agent](#heading--designated-agent) SunshinePPS is operated by the Center for Transparent Analysis and Policy (CTAP). Any notices or queries with regards to the Digital Millennium Copyright Act (DMCA) should be directed to CTAP's designated DMCA Agent:     DMCA Agent     Center for Transparent Analysis and Policy     P.O. Box 13482     Portland, OR 97213     503-946-9264     dmca-agent@centertap.org ## [Copyright Infringement Notification](#heading--notification) If you believe there is content on SunshinePPS that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially 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. The notice should be sent to our designated agent, via the contact information listed at the top of this document. We may display a copy of your DMCA notice in place of the removed content. Note: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. One company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees under this provision. See http://www.eff.org/cases/online-policy-group-v-diebold. In addition, β€œin order for a copyright owner to proceed under the DMCA with β€œa 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,” the owner must evaluate whether the material makes fair use of the copyright.” Lenz v. Universal, 572 F. Supp. 2d 1150, 1155 (2008) CTAP reserves the right to review the allegedly infringing material and independently determine whether it is infringing. Please also note that the information provided in this legal notice will be forwarded to the person who provided the allegedly infringing content. A copy of this legal notice may also be sent (with your personal information removed) to a third-party that may publish and/or annotate it for noncommercial research and educational purposes. ## [Counter-Notification: What You Can Do If Your Content Was Removed](heading--counter) If you believe material you posted to SunshinePPS was not infringing, you can submit a counter-notice. If you need assistance in determining whether the material was not infringing, please consult an independent attorney. The [Electronic Frontier Foundation](https://www.eff.org/pages/legal-assistance) might be able to help refer you to appropriate counsel. A counter-notification must include the following: * Identification of the specific URLs of material that CTAP has removed or to which CTAP has disabled access. * Your full name, address, telephone number, and email address. * The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which CTAP is located, and will accept service of process from the claimant." CTAP is located in the District of Oregon. * The 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." A scanned physical signature or a valid electronic signature is fine. Please send your counter-notice to our designated agent, via the contact information listed at the top of this document. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. After we send out the counter-notification, the claimant must then notify us within 10 business days that the claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on SunshinePPS. If we receive such notification we will be unable to restore the material. If we do not receive such notification, generally we will reinstate the material. Please also be advised that in appropriate circumstances we terminate the accounts and/or suspend the publishing privileges of repeat infringers. ## [Copyright and License](#heading--copyright-license) This document is licensed under the [Creative Commons Attribution-ShareAlike License (CC BY-SA 4.0)](https://creativecommons.org/licenses/by-sa/4.0/). This document is adapted from ["EFF's Copyright Policy"](https://www.eff.org/copyright) by [Electronic Frontier Foundation](https://www.eff.org), used under [CC BY 3.0](http://creativecommons.org/licenses/by/3.0/us/). * Copyright [Electronic Frontier Foundation](https://www.eff.org) * Copyright 2024 [Center for Transparent Analysis and Policy](https://www.centertap.org/)