AT&T POLICIES FOR CONSIDERING COPYRIGHT INFRINGEMENT CLAIMS
I. DMCA Copyright Notifications.
AT&T will process notifications of claimed infringement under subsections 512(b), (c), and (d) of the Digital Millennium Copyright Act ("DMCA", found at 17 U.S.C. § 512). All such notifications must meet the requirements of DMCA subsection 512(c)(3). In addition, notifications with respect to activity described in DMCA subsection 512(b) must meet the requirements of subsection 512(b)(2)(E), if applicable, and notifications with respect to activity described in DMCA subsection 512(d) must meet the requirements of subsection 512(d)(3).
AT&T's designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:
Registered Copyright Agent
4825 Creekstone Drive, Suite 300
Durham, NC 27703
Due to the substantial volume of notifications of claimed infringement that AT&T receives and processes, we are unable to accept notices of alleged copyright infringement via this designated agent or email address other than notifications of claimed infringement sent pursuant to Sections 512(b)–(d). For guidance on sending other types of copyright notices to AT&T, including claims related to alleged peer-to-peer file sharing (i.e. sharing media files via peer-to-peer networking technology), please see Section III below.
Under DMCA subsection 512(c)(3), a notification of claimed copyright infringement must be provided in writing to AT&T's above-listed designated agent and must include substantially the following:
- A physical or electronic signature of the owner of or 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 AT&T to locate the material.
- Information reasonably sufficient to permit AT&T 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of appropriate written notification from the complaining party, as described above, AT&T will remove or disable access to the material that is claimed to be infringing. In addition, for notifications provided under DMCA subsection 512(c)(1)(C), AT&T will take reasonable steps to forward the written notification to the allegedly infringing subscriber ("Subscriber") and to notify the Subscriber that AT&T has removed or disabled access to the material.
II. DMCA Counter Notifications.
A Subscriber may provide a counter notification to a notification provided under DMCA subsection 512(c)(1)(C) by providing a written communication to AT&T's designated agent (identified above) that includes substantially 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.
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the 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 AT&T may be found, and that the Subscriber will accept service of process from the person who provided the notification under DMCA subsection 512(c)(1)(C) or an agent of such person.
Upon receipt of an appropriate written counter notification from the Subscriber, as described above, AT&T will provide the person who provided the notification under DMCA subsection 512(c)(1)(C) with a copy of the counter notification, and inform such person that AT&T will replace the removed material or cease disabling access to it in 10 business days. Thereafter, AT&T will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless AT&T's designated agent first receives notice from the person who provided the notification under DMCA subsection 512(c)(1)(C) that such person has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on AT&T's system or network.
III. ISP Conduit Notices.
AT&T also provides transitory digital network communications services, pursuant to 17 U.S.C. § 512(a). In connection with such services, AT&T provides an online form that copyright holders should use to send notifications related to alleged copyright infringement by its users based on the standards of the Automated Copyright Notice System (ANCS). Copyright holders should use this online form to submit complaints related to alleged peer-to-peer file sharing (i.e. sharing media files via peer-to-peer networking technology), or other forms of copyright notice other than those sent pursuant to Sections 512(b)–(d) of the DMCA ("ISP Conduit Notices"). By submitting complaints using this online form, we are able to more efficiently manage and process voluminous ISP Conduit Notices. Due to the substantial volume of copyright notices that AT&T receives, we are unable to guarantee processing of ISP Conduit Notices that are sent by other means.
You can access AT&T's online form at att.com/p2pnotices. Please note that users must complete all fields in the online form before submitting.