#GoOpenVA Intellectual Property Rights Policy
Date last updated: 12/17/19
The #GoOpenVA Platform complies with the Digital Millennium Copyright Act (“DMCA”), and has designated an agent to receive notices regarding intellectual property infringement. The designated agent, the #GoOpenVA Administrator, serves as a mediator only and does not assume any responsibility for infringement. If you believe a user of the #GoOpenVA Platform has infringed your intellectual property rights, we encourage you to contact the #GoOpenVA Administrator using the procedure outlined below.
Procedure for Reporting Intellectual Property Infringement:
It is the Virginia Department of Education (VDOE) policy to (i) block access to or remove any content (including, without limitation, educational materials, text, graphics, and/or photos) (collectively, "Content") that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and (ii) remove and discontinue service to infringers.
If you believe that content residing on or accessible through the #GoOpenVA Platform constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to the #GoOpenVA Administrator listed below:
- Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the #GoOpenVA Platform, including the registration number(s) for any such material if applicable;
- Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property, including (i) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (ii) a description of where the material in question is located on or in the #GoOpenVA Platform, with sufficient detail that the #GoOpenVA Administrator may verify the existence of the material within the #GoOpenVA Platform (e.g., a precise URL);
- Your contact information, including your full name, mailing address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the rights owner, its agents, or the law;
- A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
- An electronic or physical signature of the person authorized to act on behalf of the rights holder.
Please note that any information provided in connection with an intellectual property complaint will be forwarded to the Registered User whose Content has been removed or disabled.
Once Proper Bona Fide Infringement Notification is Received by the #GoOpenVA Administrator:
It is VDOE’s policy to remove or disable access to the allegedly-infringing Content and to notify the Registered User whose Content has been removed or disabled.
Procedure to Resolve Disputed Copyright Issues:
The two parties involved may then determine if the matter can be resolved. If it is resolved, the individual who posted the original content notifies the #GoOpenVA Administrator. They must provide proof to the satisfaction of the #GoOpenVA Administrator that the matter is resolved and that they have the right to post the material.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney's fees.
Please contact the #GoOpenVA Administrator at the following email: email@example.com