BayArt (“Company”) has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

This is information for anyone that wishes to challenge our “fair use” of copyrighted material.

Many of the stories on this site contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are making this material available in an effort to advance the understanding of environmental issues, human rights, economic and political democracy, science and technology, health, issues of social justice, and other certain conscious knowledge. 

Fair use: Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational, or personal use tips the balance in favor of fair use.

We believe that because we are a news/education/research website, that our use of such copyrighted material falls under “fair use”.

If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting us with the form found at the bottom of this page.

We will respond and take necessary action immediately.

If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.

We believe in the free-flow of information, and this site may feature content that is not created by us, including articles, videos, and images. All 3rd party material posted on this website is copyright to the respective owners/authors. bayart.org makes no claim of copyright on such material.

BayArt – DMCA COPYRIGHT POLICY

Reporting Copyright Infringement:

If you allege that your intellectual property is being violated, you must submit to the Company:

1. A physical or electronic notification from a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of the works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the specific location of the infringing materials on the Company’s website that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information of the person notifying the Company, including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Company’s policy:

1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that the Company will terminate any such originating content provider’s, member’s or user’s access to our service.

Please contact the Company following the above procedures at info@bayart.org