Copyright Policy and DMCA Notice & Takedown Procedure
Evidence Analyzer, LLC ("we," "us," or "Evidence Analyzer") respects the intellectual property rights of others and expects users of the Evidentix platform (the "Service") to do the same. This policy explains how copyright owners may notify us of alleged infringement appearing on the Service, how users may respond, and how we administer our obligations under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA").
1. Designated Copyright Agent
Pursuant to 17 U.S.C. § 512(c)(2), Evidence Analyzer, LLC has designated the following agent to receive notifications of claimed copyright infringement:
- Designated Agent: Kenneth N. Caldwell
- Email: admin@evidenceanalyzer.com
- U.S. Copyright Office Registration Number: DMCA-1073206
Complete agent contact information, including mailing address and telephone number, is on file with and publicly available through the U.S. Copyright Office's DMCA Designated Agent Directory at https://www.copyright.gov/dmca-directory/.
2. Notification of Claimed Infringement
If you believe that material appearing on the Service infringes a copyright that you own or are authorized to enforce, you may submit a written notification to our Designated Copyright Agent. To be effective under 17 U.S.C. § 512(c)(3)(A), the notification must include substantially all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 Evidence Analyzer to locate the material;
- Information reasonably sufficient to permit Evidence Analyzer 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;
- 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; and
- 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.
Notifications that do not substantially comply with these requirements may not be effective under the DMCA. If we determine in good faith that a notification fails substantially to comply with the requirements of § 512(c)(3)(A), the notification will not be considered when assessing actual or apparent knowledge of infringing activity.
3. Our Response to a Valid Notification
Upon receipt of a notification that substantially complies with 17 U.S.C. § 512(c)(3), Evidence Analyzer will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We may also take reasonable steps promptly to notify the subscriber that we have removed or disabled access to the material.
4. Counter-Notification
If you are a user whose content has been removed or disabled and you believe the material was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification to our Designated Copyright Agent. To be effective under 17 U.S.C. § 512(g)(3), the counter-notification must include substantially all of the following:
- A physical or electronic signature of the subscriber;
- 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;
- 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; and
- 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 Evidence Analyzer may be found, and that the subscriber will accept service of process from the person who provided notification under § 512(c)(3) or an agent of such person.
Upon receipt of a counter-notification that substantially complies with these requirements, we will promptly provide the person who provided the original notification with a copy of the counter-notification and inform that person that we will replace the removed material or cease disabling access to it not less than 10 and not more than 14 business days following receipt of the counter-notification, unless our Designated Agent first receives notice that the person who submitted the original notification has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Service.
5. Misrepresentations
Please be advised that, under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any 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 Evidence Analyzer 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.
6. Repeat Infringer Policy
Consistent with 17 U.S.C. § 512(i)(1)(A), Evidence Analyzer has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders of the Service who are repeat infringers. What constitutes "appropriate circumstances" will be determined by Evidence Analyzer in its reasonable discretion, considering the totality of the circumstances, including without limitation the nature and frequency of alleged infringement, the response of the subscriber, and the operational characteristics of the Service.
7. Modifications to This Policy
Evidence Analyzer may modify this Copyright Policy from time to time. Any modifications will be effective upon posting to this page, and the "Effective date" above will be updated accordingly. Continued use of the Service after a modification constitutes acceptance of the modified policy.
8. Questions
Inquiries concerning this policy that do not constitute a formal § 512(c)(3) notification or § 512(g)(3) counter-notification may be directed to admin@evidenceanalyzer.com. Please do not send legal notifications or counter-notifications to any address other than that of the Designated Copyright Agent identified in Section 1.