Copyright Infringement Policy

If you have grounds to believe that your copyright has been infringed by material appearing on the Ruby Lane site, or if you have been notified by Ruby Lane that we have removed or disabled access to material in your shop, please review and act according to Ruby Lane's copyright infringement policy below, which was enacted in compliance with the Digital Millennium Copyright Act (DMCA).

Step 1: Claimant Must Notify Ruby Lane In Writing

If you have grounds to believe that your copyright has been infringed by material appearing on the Ruby Lane site, you, the claimant, must notify in writing Ruby Lane's designated agent for copyright infringement notification at:

dmca1@rubylane.com

A notification of claimed infringement must include substantially the following:

  • 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 the site are covered by a single notification, a representative list of such works at the 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 Ruby Lane to locate the material;
  • Information reasonably sufficient to permit Ruby Lane 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;
  • Include the following statement: "I have 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."; and
  • 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."
Claimant's Liability for Misrepresentations. The claimant should note that pursuant to 17 U.S.C. §512(f) of the DMCA, any person who knowingly materially misrepresents that the material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensees, or by Ruby Lane, who is injured by such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Step 2: Take Down Procedure

Upon receipt of the claimant's notification per Step 1 above, Ruby Lane will
  • remove or disable access to the material and, if applicable, take reasonable steps promptly to notify the shop owner that it has removed or disabled access to the material; and
  • issue the claimant a notice in writing that the material has been removed or access to it has been disabled.
No further action shall be taken by Ruby Lane unless the circumstances in Step 3 and/or 4 arise.

Step 3: Counternotification by Shop Owner

If the shop owner believes that the material should not have been removed or access should not have been disabled, the shop owner may issue a counternotification to Ruby Lane, which shall consist of the following:
  • A physical or electronic signature of the shop owner;
  • 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 shop owner 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; and
  • The shop owner's name, address, and telephone number, and a statement that the shop owner consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the shop owner's address is located outside the United States, for any judicial district in which Ruby Lane may be found, and that the shop owner will accept service of process from the claimant or an agent of such claimant.

Step 4: Action by Ruby Lane Upon Receipt of Counternotification

Upon receipt of such counternotification, Ruby Lane will
  • promptly provide the claimant with a copy of the counter notification, and inform the claimant that it will replace the removed material or cease disabling access to it in 10 business days; and
  • replace the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the claimant that such person has filed an action seeking a court order to restrain the shop owner from engaging in infringing activity relating to the material on Ruby Lane's system or network.
Claimant's Request for Identification of Infringer. In the event that the claimant cannot obtain the address and contact information of the shop owner on the publicly viewable pages of the Ruby Lane site, Ruby Lane shall not provide such information to the claimant unless the claimant obtains a subpoena to identify the infringer, in accordance with 17 U.S.C.§512(h).

Termination of Repeat Infringers. In accordance with Ruby Lane's Terms of Use posted elsewhere on the site, Ruby Lane reserves the right to terminate in appropriate circumstances any shop, shop owner's account, and any user access to the site if such individuals prove to be repeat infringers of copyright law.