Notice and Procedure for Making Claims of Copyright
Infringement
We respect the intellectual property rights of others and ask our users
to do the same. We may terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your copyright
has been infringed, please let us know by contacting our Copyright Agent
as set out below.
Written notification must be submitted to the following Designated Agent:
Designated Agent: J. R. Erbey
Ocwen Financial Corporation
1661 Worthington Rd., Suite 100
West Palm Beach, Florida 33409
E-Mail Address: copyright@ocwen.com
To be effective, the notification must include 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
("Complaining Party");
- 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 infringed 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 ("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 matter complained of is not authorized by
the copyright owner, its agent, or the law; and
- 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.
Upon receipt of the written Notification containing the information as
outlined in 1 through 6 above:
- Service Provider shall remove or disable access to the material that
is alleged to be infringing;
- Service Provider shall forward the written notification to such alleged
infringer ("Subscriber");
- Service Provider shall take reasonable steps to promptly notify the
Subscriber that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider’s Designated Agent that includes
substantially the following:
- A physical or electronic signature of the Subscriber;
- 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;
- 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;
- The Subscriber’s name, address, and telephone number, and a
statement that the Subscriber consents to the jurisdiction of the 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 or an agent of such person.
Upon receipt of a Counter Notification containing the information as
outlined in 1 through 4 above:
- Service Provider shall promptly provide the Complaining Party with
a copy of the Counter Notification;
- Service Provider shall inform the Complaining Party that it will
replace the removed material or cease disabling access to it within
ten (10) business days;
- Service Provider shall replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business days
following receipt of the Counter Notification, provided the Service
Provider’s Designated Agent has not received notice from the Complaining
Party that an action has been filed seeking a court order to restrain
Subscriber from engaging in infringing activity relating to the material
on Service Provider’s network or system.
Ocwen Financial Corporation
1661 Worthington Rd., Suite 100
West Palm Beach, Florida 33409 |
