Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials hosted by Nathan's Famous, Inc. infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- 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 us to locate the material
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If you are a user who posted allegedly infringing material and who received notification to that effect from Nathan's Famous, Inc., you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following:
- the physical or electronic signature of the alleged infringer
- identification of the material that has been removed or to which access has been disabled and the location before removal
- a statement under penalty of perjury you have 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
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the United States District Court for the Eastern District of Michigan (Southern Division), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person
All notices and counter-notices described above should be sent to General Counsel, 3000 Town Center, Suite 2100, Southfield, MI 48075 or email@example.com
We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated requirements may have changed. Also, please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. It is the policy of Nathan's Famous, Inc., to terminate the account of any user of its websites that is a copyright infringer.