DMCA

While most broadcasters appreciate broad audio distribution, RadioTime will remove streaming access from any broadcasters on request.

Radio Time has implemented a system for the submission of notices of alleged infringement that will allow Radio Time to properly respond to such notices. The following direction is intended to provide guidance regarding the information necessary in a notice of alleged infringement. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) and we will respond to other notices if they are legally sufficient.

Radio Time will comply with the requirements of the Digital Millennium Copyright Act by responding to appropriate notices and take other corrective action which may include removing or disabling access to material claimed to be the subject of infringing activity and/or infringing streaming feeds. If the circumstances associated with the notice are appropriate, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person or entity that provided the allegedly infringing content, a copy of this legal notice may be sent to third-parties as appropriate and such notice may be published in some manner.

Infringement Notification for Web Streaming Content and all other products

Your notice of infringement must be provided as a written communication (by fax or regular mail — not by email) that sets forth the elements specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that our service is infringing your copyrights. If you are not certain whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite processing of your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the programming referred to as ______ consisting of ______ and is located at ______) or other information sufficient to specify the copyrighted work being infringed.

  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

YOU MUST SPECIFICALLY IDENTIFY THE WEB PAGE OR SERVICE OFFERING THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL.

  1. Provide information reasonably sufficient to permit Radio Time to contact you (email address is preferred).

  2. Provide information, if appropriate, sufficient to permit Radio Time to notify the owner/administrator of the allegedly infringing stream or content (email address is preferred).

  3. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

  4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

  5. Sign the notice.

  6. Send the written communication to the following address:

Law Office of Dean H. Kayes, P.C. 16 N. Marengo Ave. Suite 307 Pasadena, CA 91101

OR fax to:

(626) 577-8999, Attn: Radio Time DMCA Complaints

Counter Notification

If appropriate, the administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To submit a counter notification, you must provide a written communication (by fax or regular mail — not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite the processing of your counter notification, please use the following format (including section numbers):

  1. Identify the specific URLs or other unique identifying information of material that Radio Time has removed or to which Radio Time has disabled access.

  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), 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.

  3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or is otherwise non-infringing.”

  4. Sign the notice.

  5. Send the written communication to the following address:

Law Office of Dean H. Kayes, P.C. 16 N. Marengo Ave. Suite 307 Pasadena, CA 91101

OR fax to:

(626) 577-8999, Attn: Radio Time DMCA Counter Notification

Please feel free to contact Radio Time at (650) _________ if you desire clarification regarding certain content or this policy.

Account Termination

Many Radio Time Services do not have account holders or subscribers. For Services that do, Radio Time will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Radio Time and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.