Notice and Takedown Procedure under the Digital Millennium Copyright Act
Under the Digital Millennium Copyright Act, if you believe that you hold the copyright in
or have other rights in a work, article, image or other content published on the
Wardensville Garden Market (WGM) website and that WGM’s publication of your work
on its website infringes your rights, and you wish to request that the WGM remove the
“work” from WGM’s website, you are required to submit a request to WGM’s Designated
Agent, Anne Kirk at Requests must be in the form of a written
communication that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 WGM to locate the material.
(iv) Information reasonably sufficient to permit WGM to contact you, such as an
address, telephone number, and, if available, an electronic mail address at which the
you, the complaining party, may be contacted.
(v) A statement that you, the complaining party, have a good faith belief that WGM’s use
of the material in the manner complained of is not authorized by you, the copyright
owner or the copyright owner’s agent, or by the law.
(vi) A statement that the information in your notification is accurate, and under penalty of
perjury, that you, the complaining party, are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
WGM will promptly notify you of receipt of your complaint, and in the event that the
complaint does not fully comply with the requirements, will contact you and let you know
what additional material is necessary in order for your complaint to be sufficient for
consideration. Complaints that fully conform to the technical requirements above will be
reviewed and evaluated for their factual accuracy. As soon as then practicable, WGM
will respond: with follow up questions, if any; by taking down the content requested if the
factual claims in the complaint are determined accurate and the claim valid; or with a
declination if the claim is determined to be invalid and the reasons for why we
determined the claim invalid. Some examples for rejecting a claim as invalid include:
finding a valid license between claimant and WGM related to the use of the work in
question or finding the work is owned by a third party and not the claimant.