What are the Digital Millennium Copyright Act (DMCA) Notification Guidelines for the Summit Learning Platform?

Summit Learning does not allow posting content that violates someone else’s intellectual property rights, including copyright and trademark.  

  • If you believe that your intellectual property rights have been violated because of content you find on the Summit Learning Platform, you can request deletion of your intellectual property rights by following the process described below.
  • If you have posted content to the Summit Learning Platform and someone claims that they own that intellectual property, you will be notified under the process described below,   

 

Copyright

Copyright is a legal right that seeks to protect original works of authorship (e.g., books, music, film, art, etc.).  Generally, copyright protects original expression such as words or images. It does not protect facts and ideas, although it may protect the original words or images used to describe an idea. Copyright also doesn’t protect things like names, titles and slogans; however, another legal right called a trademark might protect those.

 

For more information on copyright law, you can visit the website of the U.S. Copyright Office or the World Intellectual Property Organization (WIPO). We can’t provide you with legal advice. Accordingly, please consult with an attorney if you have questions about intellectual property rights.

 

  1. Notification of Infringement

Summit Learning will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website or the Summit Learning Platform infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our designated copyright agent (“Designated Agent”) with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works at that website.
  3. 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 us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit us 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.
  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 infringed.

Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith.

 

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

You may submit your notification of alleged copyright infringement by sending it to our “Designated Agent” by mail or e-mail as set forth below.  A “Designated Agent” is an individual who has agreed to receive copyright infringement takedown requests for an online service under the DMCA.

 

Please note that we will send a copy of such notices (which will include the personal information you supply in your notice) to the individual that uploaded the allegedly infringing content.  Additionally, please note that we may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Lumen for publication.

 

  1. Counter-Notification

If you elect to send us a counter-notice, after having been notified of a copyright claim submitted to us in accordance with Section A above, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the user (or parent or legal guardian if under 18) whose content was removed as a result of the copyright claim.
  2. Identification of the material that has been 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 user (or parent or legal guardian if under 18) 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 user’s (or parent’s or legal guardian’s if under 18) name, address, and telephone number, and a statement that the user (or parent or legal guardian if under 18) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which we may be found, and that the user (or parent or legal guardian if under 18) will accept service of process from the person who provided notification under Section A For an agent of such person.

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

We only accept counter-notices that meet the requirements set forth above and are received from the email address associated with the account on the Summit Learning Platform you used to upload the content within seven (7) business days of our forwarding you the DMCA notice. You may submit your counter-notification by sending it to our Designated Agent by mail or e-mail as set forth below.

 

  1. Designated Agent

Our Designated Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

 

Attention: Designated Agent

T.L.P. Education

℅ Procopio

117 California Ave #200,
Palo Alto, CA 94304 copyright@summitlearning.org


For clarity, only DMCA notices should go to our Designated Agent. Any other feedback, comments, requests for technical support or other communications should be directed to us through info@summitlearning.org or privacy@summitlearning.org if it relates to personal information. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA take-down notice may not be valid.

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