Digital Millenium Copyright Act And Online Copyright Infringement

If your business does not own the copyrighted work, remove the work from all computers and other devices where stored. If you do own the copyrighted work, then you need to take steps to ensure it is not shared online. In most cases, these files are being shared from a computer with the rest of the Internet via a peer-to-peer file sharing program such as BitTorrent. If the file continues to be shared, Cox will continue to receive infringement notices about your account. We also recommend you remove the file sharing program that is being used to share the files.

The Copyright Information Center has helpful information and tips, so you can take steps to stop copyright infringement from occurring using your Internet service. Please see http://respectcopyrights.org/ If you need additional assistance, check with your company’s IT department. There are also non-Cox resources that provide technical support for a fee and can assist you in removing the files and/or the file sharing software.

There are companies that search the Internet, looking for evidence of distribution of copyrighted works. Once a company detects this activity, they record the title of the work, the date and time of the alleged infringement, and the associated IP address. The copyright holder or agent then sends a complaint to Cox, including the date, time, title of the copyrighted work and the IP address. Cox then forwards the complaint to the subscriber that was assigned that IP address.

Cox Business’ preferred method of contact regarding DMCA notices is to email the business’ designated contact. If Cox does not have an email address on file, our Customer Safety team will place a phone call to the business.

If you do not take the necessary steps to stop your Internet service from being used for copyright infringement, your Internet service from Cox Business may be disconnected, and you are responsible for any applicable early termination fees if you are under a term agreement.

If your service is disconnected as a result of copyright infringement, you cannot subscribe to Internet service from Cox Business for a period of six months (180 days). After that time, you may subscribe again (additional installation or reconnection charges may apply). However, if after reconnection your Internet service is used again for copyright infringement, your Internet service will again be disconnected, and you may not be permitted to subscribe again.

If you feel that the complaints are in error, you may file a Counter Notification with Cox. The process to do this is set forth below. Please note: if you file a counter notification, Cox will forward the counter notification to the copyright holder or agent, and they will have your business’ identity. You may wish to consult an attorney before filing a Counter Notification.

Counter Notification Requirements:

If you receive a DMCA notification of alleged infringement, and you believe in good faith that:

(a) the allegedly infringing works were not shared from devices that were used with your business’ Internet connection or were misidentified, or
(b) your organization has authorization from the copyright owner, or
(c) your use of the work constitutes fair use under U.S. copyright law. In order to be effective, you must submit the Counter Notification in writing and include substantially the following:

• A physical or electronic signature of an authorized point of contact for the business.
  
• A description of the material that was removed from the devices, or to which sharing has been disabled.
  
• A statement, under penalty of perjury, that the authorized point of contact for the business has a good faith belief that the material was not shared, or that there was a misidentification of the material in question, or that the business’ use was authorized by the copyright owner, or that the business’ use of the work constitutes fair use under U.S. copyright law. If the subscribing business is relying upon fair use, then they must provide a written explanation of the basis for fair use.
  
• The business’ name, address, and telephone number, and contact information for someone authorized by the business to address legal and court issues, along with a statement that the business consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the business’ address is outside of the United States, for any judicial district in which the Service Provider may be found.
  
• The business must also include a statement that they are willing to accept service of process from the copyright holder or agent of the copyright holder. The Counter Notification should be sent to Cox at copyright@cox.com. Upon Cox’s receipt of a Counter Notification that satisfies the requirements of the DMCA, Cox will provide a copy of the Counter Notification to the person or entity who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received Counter Notification. You agree that any dispute is between you and the copyright holder or its agent, and you will not make Cox a party to any disputes or lawsuits regarding alleged copyright infringement.