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Digital Millenium Copyright Act Information

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This policy is intended to implement the procedures described in Title II, "Online Copyright Infringement Liability Limitation" of the Digital Millennium Copyright Act of 1998, Pub. L. No. 105-304, 112 Stat. 2860 (October 28, 1998) ("DMCA"), for the reporting of alleged copyright infringement. It is the policy of the City of Albuquerque to assist in the protection of the legitimate rights of copyright owners. If you have a concern regarding the use of copyrighted material on any site on the City's networks, please contact the agent designated to respond to reports alleging copyright infringement.

A notice of claimed infringement delivered to the Designated Agent must include the following, pursuant to 17 USC §512 (c)(3)(A):

  • 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 the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the City to locate the material;
  • Information reasonably sufficient to permit the City 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.

It is expected that all City network users will comply with applicable copyright laws. However, if the City is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent or likely, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity, provided the material is not covered by an exemption under the Limitations of Liabilty in the DMCA. The City will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

It is the City's policy to accomodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.

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