Viewpoint Copyright Policy

(This Policy was last modified on July 30, 2013.)

The Viewpoint website is owned and operated by Viewpoint Photographic Art Center, Inc. ("Viewpoint”).  Viewpoint respects the intellectual property rights of others and expects its users to do the same. It is Viewpoint’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Viewpoint will respond expeditiously to claims of copyright infringement committed using the Viewpoint website (the "Site") that are reported to Viewpoint’s Designated Copyright Agent, identified in the sample notice below.

How to file a Copyright Infringement Notice

If you are a copyright owner, or are 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 Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Viewpoint’s Designated Copyright Agent. Upon receipt of the Notice as described below, Viewpoint will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice")

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
   • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Viewpoint’s Designated Copyright Agent:

Viewpoint Copyright Agent
2015 J. Street, Suite 101
Sacramento, CA 95811-3124
Email: executivedirector@viewpointgallery.org
Phone: 916-441-2341

What if I receive a Copyright Complaint (DMCA) notification?

If you receive a notification that your content has been removed due to a copyright complaint, it means that the content has been unpublished or deleted from the Site at the request of the content’s owner. If your account receives too many copyright complaints, your account may be suspended or disabled completely.

If you believe the content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking, or intends to seek, a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.

Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

How to file a Counter-Notice

1. Reply to the notification email you received.
2. Include ALL of the following:
   • Your name, address, and telephone number
   • DMCA ID printed at the bottom of the notification email
   • The source address of the content that was removed (copy and paste the link in the notification email)
   • A statement under penalty of perjury that you have a good faith belief that the content was removed in error
   • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Viewpoint may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person
   • A physical or electronic signature (for example, typing your full name)
3. Deliver the Counter-Notice, with all items referenced above, to Viewpoint’s Designated Copyright Agent:

Viewpoint Copyright Agent
2015 J. Street, Suite 101
Sacramento, CA 95811-3124
Email: executivedirector@viewpointgallery.org
Phone: 916-441-2341