Copyright Infringement Notification Policy For Copyright Owners And ASQ Members, Subscribers, And Partners

In accordance with the Online Copyright Infringement Liability Limitation Act (the "Act"), 17 USC § 512(3), the American Society for Quality ("ASQ") has filed with the United States Copyright Office the necessary agent of notification information to facilitate notice to ASQ of potential copyright infringement engaged in by those members, subscribers or partners providing content published on ASQ’s Web site. ASQ’s designated agent for notification of alleged copyright infringement and counter notification is as follows:

Name: Daniel E. Kattman
Reinhart, Boerner, Van Deuren, Norris & Rieselbach, s.c.
Address: 1000 North Water Street, Suite 2100, Milwaukee, WI 53202
Phone Number: 414-298-1000
Fax Number: 414-298-8097
E-mail Address: dkattman@reinhartlaw.com

The following sets forth the proper notification requirements under the Online Copyright Infringement Liability Limitation Act for copyright owners and ASQ members, subscribers and partners:

Notification Policy for Copyright Owners:

Pursuant to the Online Copyright Infringement Liability Limitation Act, ASQ is not liable for copyright infringement resulting from the conduct of its members, subscribers or partners. However, under the Act, ASQ is required to promptly remove any material stored on its system or network by its members upon the proper notification from copyright owners that such material may be infringing upon valid copyright rights.

Upon removal, ASQ members, subscribers or partners may file a counter notification with our designated agent for notification. Upon receipt of a counter notification, ASQ shall promptly notify the copyright owner alleging copyright infringement of the counter notification and inform that person that ASQ will replace the removed material or cease disabling access to it in 10–14 business days unless the copyright owner provides notice to ASQ’s designated agent that such copyright owner has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on ASQ’s system or network.

Any person who knowingly materially misrepresents that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, any copyright owner or its authorized licensee, or by ASQ, who is injured by such misrepresentation, as a result of ASQ relying upon such misrepresentations in removing or disabling access to the material or activity claimed to be infringed, or in replacing the removed material or ceasing to disable access to it.

For notification to be effective, a copyright owner, or its authorized agent, must submit a written communication to ASQ’s designated agent containing the following information:

Notification Requirements

  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 ASQ to locate the material.
  4. Information reasonably sufficient to permit ASQ 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 Policy for ASQ Members, Subscribers or Partners

Pursuant to the Online Copyright Infringement Liability Limitation Act, ASQ is not liable for copyright infringement resulting from the conduct of its subscribers or members. Under the Act, ASQ is required to promptly remove any material stored on its system or network by its members upon the proper notification from copyright owners that such material may be infringing upon valid copyright rights.

Under the Act, ASQ is not liable for any claim based on ASQ’s provider’s good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing. ASQ will take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.

Upon removal, ASQ will promptly notify subscribers or members that the material at issue has been removed or access to the material has been disabled. Members may file a counter notification with our designated agent for notification. If the copyright owner does not initiate a lawsuit or legal action seeking a court order against ASQ members within 10–14 business days, ASQ may put the material back on its system or network and allow access to such material.

Upon receipt of a counter notification described below, ASQ shall promptly notify the copyright owner providing notice of alleged copyright infringement of the counter notification and inform that person that ASQ will replace the removed material or cease disabling access to it in 10-14 business days unless ASQ’s designated agent first receives notice from the copyright owner that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on ASQ’s system or network.

Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification is liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, any copyright owner or its authorized licensee, or by ASQ, who is injured by such misrepresentation, as a result of ASQ relying upon such misrepresentations in removing or disabling access to the material or activity claimed to be infringed, or in replacing the removed material or ceasing to disable access to it.

For counter notification to be effective, a member/subscriber, or its authorized agent, must submit a written communication to ASQ’s designated agent containing the following information:

Counter Notification Requirements

  1. Counter notification must comply with the Online Copyright Infringement Liability Limitation Act. To be effective, a counter notification must be a written communication to our designated notification agent, containing the following information:
  2. A physical or electronic signature of the subscriber.
  3. 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.
  4. A statement under penalty of perjury that the subscriber 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.
  5. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which ASQ may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

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