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Our policies for US and non-US copyright complaints
It is our policy to respond to notices alerting us of content
which appears on Punjab Central
and which is alleged to infringe copyright. This document
describes two processes: one for infringement of a United States
copyright, and one for infringement of a copyright outside the
United States. Please select the appropriate process for your
complaint and follow the instructions below.
What we do
Upon receipt of proper notice, we will remove or disable access
to the audio file which is alleged to be infringing copyright.
We may also terminate the account of the user who has submitted
that content, and we will terminate the accounts of repeat
infringers.
What happens next
If we do remove or disable access to an audio file, we will,
wherever possible, get in touch with the user who submitted it
so that they are aware of the issue. We will pass them details
of the notice (including contact information) so that they can
take the matter up directly. Inside the United States, we will
comply with the processes of the Digital Millennium Copyright
Act (DMCA), discussed below.
On this page:
Infringement Notification -
copyright in the US
To file a notice of infringement with us, you must provide a
written communication (by regular mail -- not by email) that
sets forth the items specified below. Please note that you may
be liable for damages (including costs and attorneys' fees) if
you materially misrepresent that a product or activity is
infringing your copyrights.
Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/
for more information), a company that sent an infringement
notification seeking removal of online materials that were
protected by the fair use doctrine was ordered to pay such costs
and attorneys fees. The company agreed to pay over $100,000.
Accordingly, if you are not sure whether material available
online infringes your copyright, we suggest that you first
contact an attorney.
To expedite our ability to process your request, please use the
following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you
believe has been infringed upon. For example, "The copyrighted
work at issue is the an audio file that appears on http://www.legal.com/legal_page.html."
2. Identify the material that you claim is infringing the
copyrighted work listed in item #1 above.
FOR AN AUDIO FILE, YOU MUST IDENTIFY EACH AUDIO FILE THAT
ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to
specify (a) that you found the audio file on
Punjab Central, (b) the title
of the audio, and (c) the URL of the page for that audio (like
this: http://music.punjabcentral.com/song/?song=xxxxx).
3. Provide information reasonably sufficient to permit
Punjab Central to contact you
(email address is preferred).
4. Provide information, if possible, sufficient to permit
Punjab Central to notify the
owner/administrator/provider/uploader of the audio file that
allegedly contains infringing material (email address is
preferred).
5. Include the following statement: "I have a good faith belief
that use of the copyrighted materials described above on the
allegedly infringing web pages is not authorized by the
copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of
perjury, that the information in the notification is accurate
and that I am the copyright owner or am authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Desified Entertainment, LLC / DMCA Complaints
PO Box 277482
Sacramento, CA 95827-7482
USA
Counter Notification - copyright in
the US
The administrator of an affected audio file may make a counter
notification pursuant to sections 512(g)(2) and (3) of the
Digital Millennium Copyright Act. When we receive a counter
notification, we will reinstate the material in question.
To file a counter notification with us, you must provide a
written communication (by regular mail -- not by email) that
sets forth the items specified below. Please note that you will
be liable for damages (including costs and attorneys' fees) if
you materially misrepresent that a product or activity is not
infringing the copyrights of others. Accordingly, if you are not
sure whether certain material infringes the copyrights of
others, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification,
please use the following format (including section numbers):
1. Identify the specific URLs of material that
Punjab Central has removed or to
which
Punjab Central has disabled access.
2. Provide your name, address, telephone number, email address,
and a statement that you consent to the jurisdiction of Federal
District Court for the judicial district in which your address
is located, and that you will accept service of process from the
person who provided notification under subsection (c)(1)(C) or
an agent of such person.
3. Include the following statement: "I swear, under penalty of
perjury, that I have a good faith belief that each item or
message identified above was removed or disabled as a result of
a mistake or misidentification of the material to be removed or
disabled."
4. Sign the paper.
5. Send the written communication to the following address:
Desified Entertainment, LLC / DMCA Counter Notification
PO Box 277482
Sacramento, CA 95827-7482
USA
Infringement Notification -
copyright outside the US
Make sure you know whether the content that you have heard on
Punjab Central infringes your
copyright. If you are not sure what your rights are, or whether
your copyright has been infringed, you should check with a legal
adviser first. Be aware that there may be adverse legal
consequences in your country if you make a false or bad faith
allegation of copyright infringement by using this process.
Send us a notice with all of the following elements in it, using
this format:
1. Include a statement telling us that you have found an audio
file on
Punjab Central which you believe
infringes your copyright (for example, "I hereby confirm that I
believe the audio file identified below infringes my
copyright").
2. Tell us which country your copyright applies to.
3. Tell us the title of the audio file concerned and the full
URL for its playback page (e.g. http://music.punjabcentral.com/song/?song=xxxxx).
4. Explain to us exactly what part or parts of that audio file
infringe your copyright.
5. Identify the type and details of the copyright work which you
own the rights in, and which you believe has been infringed. If
this information is available on the internet, it is helpful to
send us a link.
6. Let us have contact information so that we can get in touch
with you (email address is preferred).
7. Let us have the contact information which we can pass on to
the submitter of the audio file concerned, so that they can get in
touch with you to resolve your complaint directly (email address
is preferred).
8. Include the following statement: "I have a good faith belief
that use of the copyrighted work described above is not
authorized by the copyright owner (or by a third party who is
legally entitled to do so on behalf of the copyright owner) and
is not otherwise permitted by law."
9. Include the following statement: "I swear, under penalty of
perjury, that the information contained in this notification is
accurate and that I am the copyright owner or have an exclusive
right in law to bring infringement proceedings in respect of its
use."
10. Sign the notice.
11. Send the notice, in writing, to the following address:
Desified Entertainment, LLC / International DMCA
Complaints
PO Box 277482
Sacramento, CA 95827-7482
USA
Responding to a notice -
copyright outside the US
If we've provided you with details of an infringement notice
in relation to content which you have uploaded to
Punjab Central, you should
respond to the person or company who made the complaint to
resolve the matter with them directly. We will have provided you
with contact details for this purpose.
Account Termination
Many Punjab Central
Services do not have account holders or subscribers. For
Services that do, Punjab Central
will, in appropriate circumstances, terminate repeat infringers.
If you believe that an account holder or subscriber is a repeat
infringer, please follow the instructions above to contact
Punjab Central and provide
information sufficient for us to verify that the account holder
or subscriber is a repeat infringer.
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