ABOUT SYMANTEC

Claims of Copyright Infringement

Notice and Procedure for Making Claims of Copyright Infringement

Symantec respects the intellectual property rights of others and expects others to do the same.
It is Symantec’s policy to respond to notices of alleged infringement which may include, in appropriate circumstances and at its discretion, disabling a user’s ability to transmit and/or store material claimed to be the subject of infringing activity and/or terminating such user’s ability to use the application at all.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Symantec will respond expeditiously to claims of copyright infringement committed using the Symantec website (the “Site”) that are reported to Symantec’s Designated Copyright Agent, identified in the sample notice below.
If we take such measures, we will make a good-faith attempt to contact the user who stored and/or transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act.

Infringement Notification

If you are a copyright owner, or an authorized agent thereof, or authorized to act under any exclusive right under copyright, and believe that any user of the Symantec application has infringed upon your copyrights, you may submit a DMCA Notice of Alleged Infringement and delivering it to Symantec’s Designated Copyright Agent (contact information below). Upon receipt of the Notice as described below, Symantec will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material at the Site.

DMCA Notice of Alleged Infringement

To file a DMCA Notice of Alleged Infringement with our Copyright Agent, you must provide a written communication (by regular mail or e-mail) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format:
  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found. You must identify each separate item of infringing material.
  3. Provide information reasonably sufficient to permit Symantec to contact you (email address, telephone number and a mailing address).
  4. Include both of the following statements in the body of the Notice, if they are true:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to Symantec’s Designated Copyright Agent:
Symantec Corporation
Attn: Copyright Agent
350 Ellis Street, Mountain View, CA 94043
BY EMAIL: DMCA@symantec.com with the words "DMCA Complaint" in the subject line.
If you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

Counter Notification

One who has posted material or a reference or link to material, that allegedly infringes a copyright may send Symantec a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Symantec receives a counter notice, Symantec will reinstate the material or reference or link in question in not less than 10 and not more than 14 business days after Symantec receives the Counter Notice, unless Symantec first receives notice from the copyright claimant that he or she has filed a legal action to restrain the allegedly infringing activity. Please note that you may 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 provide a Counter Notice to Symantec, please return the following form to Symantec’s designated Copyright Agent. Please note that if you provide a Counter Notice, in accordance with the Symantec Privacy Policy and the requirements of the DMCA, a copy of the Counter Notice will be given to the copyright claimant.
  1. Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled.
  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 Mountain View, CA, USA 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) of the DMCA or an agent of such person.
  3. Include both of the following statements in the body of the Notice, if true:
    • “I hereby state under penalty of perjury that I have a good faith belief that the material or reference or link was removed or disabled as a result of mistake or misidentification of the material or reference or link to be removed or disabled.” (A “mistake,” for purposes of this statement, could include an erroneous conclusion that the material was infringing or that the use of the material was not permissible as fair use.)
    • “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Symantec may be found, and I will accept service of process from the complaining party who notified Symantec of the alleged infringement or an agent of such person.”
  4. Provide your full legal name and your electronic or physical signature.
  5. Deliver this Notice, with all items completed, to Symantec’s Designated Copyright Agent:
Symantec Corporation
Attn: Copyright Agent
350 Ellis Street, Mountain View, CA 94043
BY EMAIL: DMCA@symantec.com with the words "DMCA Complaint" in the subject line.