By mail
CK-12 Foundation
Attn.: Kim Totah / DMCA Agent
4300 Bohannon Dr. Suite 200
Menlo Park, CA 94025
USA
By phone
(650) 494-1302
By fax
(650) 494-1313
By email
legal@ck12.org
Notice of Claimed Infringement
If you believe that your intellectual property has been infringed or violated by any content or material on our website, please notify our Designated Agent by mail or email at the contact information listed above with the following 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A 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;
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.
Counter-Notification to Claimed Infringement
Pursuant to Sections 512(g)(2) and (3) of the DMCA, if a notice of infringement has been filed against you, you may make a counter-notification with our Designated Agent by mail or email at the contact information listed above. Such counter-notification must contain the following information:
1. your physical or electronic signature;
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 access to it was disabled;
3. a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the federal district in which you are located (or the Santa Clara County, State of California, if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If CK-12 receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
Liability for Misrepresentation under the DMCA
Please note that, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyrights, please consult with a copyright attorney first.
Repeat Infringer Policy. CK-12’s intellectual property policy is to: (i) remove or disable access to material that CK-12 believes in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through our websites; and (ii) in appropriate circumstances, to terminate the accounts of and block access to the websites by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.
