Auteursrechtbeleid / DMCA

NOTIFICATION OF INFRINGEMENT

MotionElements abides by the U.S. federal Digital Millennium Copyright Act (DMCA) and Singapore Copyright Act (Chapter 63) by responding to written notices of alleged infringement by legitimate copyright holders. As part of our response we may remove or disable access to allegedly infringing material residing on our website www.motionelements.com and within the MotionElements service. Please note that MotionElements does not control content hosted on any third party website and cannot remove content from any website it does not own or control. To file a copyright infringement notification with MotionElements, send a written communication to MotionElements’s Copyright Agent indicating whether you are providing the notification pursuant to the DMCA or Singapore Copyright Act (in the absence of any such indication it will be assumed you are providing such notification pursuant to the DMCA), and provide the following information in writing:

• Identification of the copyrighted work that you claim has been infringed;
• Identification of the specific material that is claimed as infringing and information sufficient to permit MotionElements to locate that material on our website or within the MotionElements service (providing a URL is the best way to help us locate the content quickly),
• A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
• If you are not the copyright owner, a description of your relationship to the copyright owner;
• Your contact information, including your address, telephone number and email address;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Please note that under provisions of the DMCA and Singapore Copyright Act, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and, in certain cases, fees incurred by the alleged infringer or by MotionElements.

Under the Singapore Copyright Act, this may also constitute an offense that may result in fines of up to S$10,000 and imprisonment for up to 2 years.

MOTIONELEMENTS’S RESPONSE TO NOTIFICATIONS

Following receipt of a proper written notice, MotionElements will expeditiously remove or disable the allegedly infringing content. We will also notify the customer who submitted or posted the allegedly infringing material and provide them with a copy of the copyright infringement notice. We may suspend or terminate access to the MotionElements service of customers that repeatedly or egregiously infringe others’ copyrights.

COUNTER NOTIFICATION

If a customer of the MotionElements service believes that their content was removed or disabled by mistake or misidentification, the customer can send us a written counter-notification that includes the following:

1. The customer’s contact information, including name, address, email and telephone number;
2. 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 disabled;
3. If the infringement notification was provided or deemed provided pursuant to the DMCA, a statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the customer is located (or if the customer is outside the U.S., the U.S. Federal District Court for the Northern District of California located in San Francisco, CA), and that you will accept service of process from the person who originally provided MotionElements with the infringement notice;
4. If the infringement notification was provided or deemed provided pursuant to the Singapore Copyright Act, a statement that the customer consents to the jurisdiction of the Singapore Courts
5. A statement under penalty of perjury that the customer 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; and
6. A physical or electronic signature of the customer;

Please note that pursuant to the DMCA and Singapore Copyright Act, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.

Under the Singapore Copyright Act, this may also constitute an offense that may result in fines of up to S$10,000 and imprisonment for up to 2 years.

MotionElements will only accept counter-notices that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, MotionElements will provide the person that submitted the infringement notice with a copy of the counter notification and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the MotionElements service unless our Copyright Agent first receives notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.

COPYRIGHT AGENT INFORMATION

Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:

To: MotionElements Pte Ltd
Attention: Copyright Agent
Subject Line: Copyright Infringement Notice / Copyright Infringement Counter Notice
Email: ip@motionelements.com
Address: 20 McCallum Street, #19-01 Tokio Marine Centre, Singapore 069046

The full text of the Digital Millenium Copyright Act can be found here. The full text of the Singapore Copyright Act (Chapter 63) can be found here.