AAPCHO Copyright Policy

We at AAPCHO hold the authors of health education materials in high respect. They provide a valuable tool to individuals, providers, and communities. AAPCHO seeks to establish this website as a legal and positive tool to help the audience for such materials and material developers connect.

The materials found on this site are either provided as links to external resources or are hosted locally. Our tool allows for registered users to submit materials to the website for review. AAPCHO assumes the user uploading the material has the full legal right to do so. However if AAPCHO becomes aware that a material on our site infringes the copyrights of a third party, we will take it down from the site. We do so in full compliance with the law. If copyright holders believe that the tools provision of the material infringes their copyright, AAPCHO requests them to send us a copyright notice and we will take the material off our site. If the user uploading the material believes that AAPCHO has removed a material in error and that they are the copyright holder or have permission to use the material (include permission to distribute the material in the fashion this website allows) they may file a counter notice and let us know. User determined to be repeat infringers may be subject to termination. Users with suspended or terminate accounts are prohibited from creating new accounts or accessing AAPCHO's website.

Copyright infringement notification

To file a copyright infringement notification with AAPCHO, the complainant must send a written communication that includes substantially the following (consult with your legal consel or see Section 512 (c ) (3) of the Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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 the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider 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.
  5. 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to:

AAPCHO
c/o DMCA complaints
300 Frank H. Ogawa Plaza, Ste 620
Oakland, CA 94612

Or

Fax: (510) 272-0817

Or

Email: Gateway@aapcho.org

Please note also that under Section 512 (f) of the Copyright Act any person who knowingly materially misrepresents that material is infringing may be subject to liability.

Counter Notification

To file a counter notification, AAPCHO must receive a written communication that sets forth the items specified below.

  1. Identify the specific material that AAPCHO has removed or to which AAPCHO has disabled access.
  2. Provide your full name, address, telephone number, and email address, and the username of your AAPCHO Gateway account.
  3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco 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.
  4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Send the written communication to:

AAPCHO
c/o DMCA Counter Notification
300 Frank H. Ogawa Plaza, Ste 620
Oakland, CA 94612

Or

Fax: (510) 272-0817

Or

Email: Gateway@aapcho.org

After AAPCHO receives the counter notification, we will forward the document to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, the information provided includes the provided personal information. By submitting a counter notification, consent is granted to have your information revealed in this way. AAPCHO will not forward the counter notification to any party other than the original claimant.

After AAPCHO sends out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on AAPCHO's web portal. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

DISCLAIMER: AAPCHO DOES NOT PROVIDE LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.