INTELLECTUAL PROPERTY POLICY
HulkShare Anti-Piracy Measures
We believe it is important to help protect the rights that artists have for their original and licensed works, the following information outlines the anti-piracy measures we have in place:
1/ Partnered with AudibleMagic: We are currently implementing AudibleMagic and encourage all publishers to register their content in order to have their content automatically recognised and blocked from being published by unauthorized persons.
2/ AudibleMagic Fingerprinting Technology: Once implementation is complete ALL tracks that are subject to a DMCA take-down will be fingerprinted in order to prevent the file from being uploaded by anybody ever again. It is not necessary to register with AudibleMagic to receive this repeat infringement protection, it is automatic upon first take-down, however, we urge you to register & not have a take-down in the first place.
3/ Direct take-down accounts are available for bona fide copyright holders and/or their DMCA agency, these provide direct access to our admin take-down tool & avoid the short delay involved in the notice process, please email dmcahulkshare@gmail.com to apply.
4/ All legally-compliant DMCA notices are actioned within 24 hours of receipt, if you are unsure of the legal requirements, we provide a check list below to assist you in sending a legally-compliant notice first time.
5/ All uploaded files are private by default and uploaders are required to complete a 2 step agreement process before they publish files publicly, this process has accompanying text that makes it perfectly clear they must have right to distribute.
6/ Accounts belonging to repeat infringers have their ability to publish permanently removed, they are forever limited to only private use of our service.
COPYRIGHT VIOLATIONS - DMCA TAKEDOWN POLICY
It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. and other applicable intellectual property laws.
Also, before proceeding please understand that should you knowingly materially misrepresent that a product or activity is infringing your copyrights, you may be held liable for damages. In a recent case, a company was held liable for over $100,000 for seeking removal of content that was protected by the fair use doctrine. The details can be found at http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
How to File a DMCA Takedown Notice
To file a takedown notice please place it in the body of a text email, do not send attachments, & send one copy only to dmcahulkshare@gmail.com
You are required to include the following items:
1. Identify yourself as either:
a: The owner of a copyrighted work(s), or
b: A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. State your contact information, including your real name, street address, telephone number, and email address.
3. 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 all such works.
4. 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. Please provide us with at minimum a URL to each work that is claimed to be infringing. Note: Providing us with search terms such as "Artist A" or "Song B" will not be considered reasonably sufficient for us to locate the alleged infringing work. There may be 100 versions of "Song B", and you may only have the rights to request a takedown for one of those versions.
5. 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.
7. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Richard G. Sanders, Jr.
Full Address of Designated Agent to Which Notification Should Be Sent:
Aaron & Sanders, PLLC
2400 Crestmoor Road
Nashville, TN 37215
Telephone Number of Designated Agent: 615-385-2690
Fax Number of Designated Agent: 615-297-6005
Email of Designated Agent: dmcahulkshare@gmail.com
How to File a DMCA Counter Notification
The provider of an affected work may file a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification, please place the followiing information in the body of a text email & send to - dmcahulkshare@gmail.com
1. A physical or electronic signature of the subscriber.
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 subscriber 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 subscriber's real name, street address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Name of Agent Designated to Receive Counter Notification of Claimed Infringement:
Richard G. Sanders, Jr.
Full Address of Designated Agent to Which Counter Notification Should Be Sent:
Aaron & Sanders, PLLC
2400 Crestmoor Road
Nashville, TN 37215
Telephone Number of Designated Agent: 615-385-2690
Fax Number of Designated Agent: 615-297-6005
Email of Designated Agent: dmcahulkshare@gmail.com
Once we receive your counter notification, we will forward it to the party who submitted the original claim of infringement. Please understand that your personal information will be included.
You consent to having your information forwarded in this way by submitting a counter notification.
After we send out the counter notification, the original claimant must notify us within 10 work days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Hulkshare. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
TRADEMARK VIOLATIONS
Hulkshare shall not be liable in any way for use of third party trademarks used or posted on the Hulkshare site by Hulkshare users. If you believe your trademarks are being infringed, it is your responsibility to contact the user directly to resolve the dispute. Do not use the Designated Agent information above for any purpose except to report alleged copyright violations as set forth under the Copyright Policy above.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE