All images on LatinoAthlete.com are either submitted to LatinoAthlete.com by email or are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.) If you are a copyright owner of a photo that appears on LatinoAthlete.com please email us at info[at]LatinoAthlete[dot]com with a link to the photo and we will remove it immediately.
Notification of Copyright Infringement
Digital Millennium Copyright Act
LatinoAthlete.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). LatinoAthlete.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the LatinoAthlete.com site by completing the following notice (“Notice”) and delivering it to LatinoAthlete.com’s Designated Copyright Agent.
DMCA Notice of Alleged Infringement
A proper DMCA Notice will notify LatinoAthlete.com of particular facts in a document signed under penalty of perjury and delivered to LatinoAthlete.com’s Designated Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
- 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 the 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 the exclusive right that is allegedly infringed.
When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist the LatinoAthlete.com Agent’s investigation of your claim.
If the material originates from another website and you believe that LatinoAthlete.com has cached that material, then confirm any of the following that apply:
- The material has been removed from the originating site.
- Access to the material on the originating site has been disabled.
- A court has ordered that the material be removed from the originating site and/or/
- A court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Upon receipt of a valid claim LatinoAthlete.com will follow the procedures provided in the DMCA which prescribe a notice and take down procedure, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. LatinoAthlete.com will have the disputed material removed from public view. LatinoAthlete.com will also notify the user or webmaster who posted the allegedly infringing material that has been removed or disable access to that material.
Before the complainants allege an infringement, s/he should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, www.copyright.gov/circs/circ01.pdf, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
Notice, Takedown, and Putback Procedure
LatinoAthlete.com expects all users of its website to comply with applicable copyright laws. However, if LatinoAthlete.com is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. LatinoAthlete.com will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, “putback” of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at www.loc.gov/copyright/legislation/dmca.pdf.