This is the official copyright infringement notification policy (“DMCA Copyright Policy” or “Policy”) for various Services owned, operated or provided by Journal Communications, Inc. (“JCI”) and/or its affiliates, subsidiaries, divisions, or agents (collectively, “JCI Affiliates,” “our,” “we,” or “us”). This DMCA Copyright Policy sets forth the procedures that are required for Users (as defined in the JCI Terms of Use Agreement (“TOU”)) to notify us of an alleged copyright infringement of any content on our individual Sites and the procedures undertaken by us to respond to such notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).
Any capitalized terms that are not defined in this DMCA Copyright Policy shall have the same meaning given in our TOU. This Policy is incorporated by reference in the TOU. The TOU and this Policy are legally binding on all Users.
How to Provide Notification for Claims of Copyright Infringement
If you have a good faith reasonable belief that any content on our Services are infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the DMCA to our Designated Agent (see below for contact information).
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. 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;
3. 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 a JCI Affiliate to locate the material;
4. Information reasonably sufficient to permit JCI or a JCI Affiliate to contact the complaining
party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact our Designated Agent for Notification of Claimed Copyright Infringement at:
Jennifer Peterson, DMCA Designated Agent
Journal Communications, Inc.
333 W. State St.
Milwaukee, WI 53203
By telephone: (414) 224-2374
By facsimile: (414) 224-2469
If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of
the email. The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for this Service. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.
We will remove or disable access to any posted content for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the DMCA). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If we have an accurate postal mail or email address, we will also send a notification to the User who posted the content, informing the User that the content was removed or access to it was blocked because of claimed copyright infringement. The User has a right to send us a counter-notice challenging our removal of the User’s content, as described below.
We will terminate the privileges, membership and/or account of any User who repeatedly uses the Site to unlawfully transmit or post copyrighted content without a license, express consent, valid defense or fair use exemption to do so. Please see the “JCI Repeat Infringer Policy” below.
JCI Repeat Infringer Policy
Under the appropriate circumstances we will terminate the privileges, account(s) and/or membership of repeat infringers. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent. If a counter-notice is received, a “strike” against a User will be removed, unless and until the content is found to be infringing.
Each User agrees that if his or her account or membership is terminated pursuant to this DMCA Copyright Policy, the User will not attempt to establish a new account or membership under any name, real or assumed, and the User further agrees that by opening a new account for membership after being terminated pursuant to this Policy, he/she will have violated the Policy and TOU and shall indemnify and hold us harmless for any and all liability that we may incur.
How to Appeal the Removal of Content with a Counter-Notice If You Believe the Content Was Not
Infringing
If you are a User who posted content that was removed in response to a notice of infringement and you believe that such content was removed due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the content by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement (see above for our Agent’s contact information). This counter-notice must include substantially the following information:
1. A physical or electronic signature of the owner or licensee of the removed or disabled content on
our Sites;
2. Identification of the content that has been removed or to which access has been disabled and the location on our Sites at which the content appeared before it was removed or access to it was disabled.
3. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material
was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. The User’s full name, postal address, telephone number and email address (if applicable), and
the statement: “I consent to the jurisdiction of the Federal District Court for the district in which my
address is located, “ or if the User’s address is outside of the United States, for any judicial district in which Journal Communications, Inc. or its appropriate subsidiary may be found, and that the User will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
When we receive a counter-notice that complies with these requirements, we will forward it to the person who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to a third party.
We also reserve the right, but not the obligation, to restore the content that was removed or to allow access to the content. As stated in our TOU, we can at our discretion remove any content for any purpose at any time. If we receive a counter-notice from the User that posted the content subject to a claim of copyright infringement, we will take the following actions: 1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed content may be restored or we may allow access to the material in ten (10) business days. 2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the User from infringing activity relating to the content on our Sites, we will not restore or allow access to the content. 3) Otherwise, we may restore the content and allow access at our sole discretion.
However, as a User, you acknowledge, understand and agree that we generally retain the right to modify, move, remove, block access to, replace or decline to restore content at any time for any reason without notice to or any liability to the posting User.
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