Introduction
This is the Digital Millennium Copyright Act Process ("the Process") of Southern California Edison Company ("SCE"). The Process is intended to implement the procedures set forth in 17 U.S.C. Section 512, the Digital Millennium Copyright Act ("DMCA"). Users of and all persons who post on SCE's site ("Posting Parties") are required to respect the copyrights of all third parties.
Designated Agent
To exercise your DMCA rights, the Copyright Owner must send a complete DMCA Complaint Notice to the following agent, which we have designated to handle DMCA matters:
Lyndon Torres
Southern California Edison Company
2244 Walnut Grove Avenue
GO-1, Quad 3C
Rosemead, California 91770
Phone: (626) 302-1095
Email: copyrightagent@sce.com
Once we receive a proper notification of claimed copyright infringement, SCE will follow the procedures required by the DMCA, which are outlined below for your convenience.
Truthfulness in DMCA Notices & Our Process Toward Noncompliant DMCA Notices
Be completely truthful and accurate in all DMCA Notices to us. Any person who knowingly misrepresents that any material is infringing or that any material was removed or disabled by mistake SHALL BE LIABLE for any damages caused to the other party and to SCE. See 17 U.S.C. Section 512(f). SCE has the discretion to handle any non-compliant DMCA Notices in whatever manner appears to be reasonable, given the circumstances present.
DMCA Complaint Notice Procedures for Copyright Owners
If you wish to notify SCE that an infringement of your copyright appears on the SCE site, you must provide us with a written notice in accordance with the DMCA. ("DMCA Complaint Notice"). If you do not provide all of the required information, we will be delayed, prevented from, or elect not to handle your DMCA Complaint Notice. A DMCA Complaint Notice must include all of the following:
- You must include sufficient information to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address.
- The DMCA Complaint Notice must identify the material that you claim infringes your copyright and that you want removed.
- The DMCA Complaint Notice must identify the location on our site where the claimed infringement appears in enough detail that we can locate and clearly identify the claimed infringement.
- The DMCA Complaint Notice must include both of the following two statements:
- a. "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."
- b. "The information in the notice is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- You must sign the DMCA Complaint Notice (either electronically or physically) at the end.
If a DMCA Complaint Notice is Received - Takedown Procedure
We expect all Posting Parties to our site to comply with applicable copyright laws. However, if we receive a proper and complete DMCA Complaint Notice stating that material that infringes a copyright has been placed on our site, we will review the Notice and its claims. Please allow at least three business days for us to receive, review, and make a determination on all DMCA Complaint Notices. If the facts in the DMCA Complaint Notice indicate to SCE, in our sole and exclusive discretion, that a copyright infringement exists, then we will expeditiously remove (or disable) the infringing material, and use our reasonable efforts to advise the Posting Party of our action.
If a DMCA Counter Notification is Received - Replacement Procedure
If a Posting Party truthfully feels that the material it posted is not an infringement, the Posting Party may provide our Registered Agent with a DMCA Counter Notification. The DMCA Counter Notification must be in writing and must include the following information:
- Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled;
- Sufficient information to permit us to contact the Posting Party, such as the address, telephone number, and, if available, an electronic mail address.
- The DMCA Counter Notification must include the Posting Party's consent to jurisdiction over the dispute with the Federal District Court where the Posting Party is located, an agreement by the Posting Party to accept service of process, and a statement under penalty of perjury like that provided by the Copyright Owner in the DMCA Complaint Notice. These must be provided by including (and completing, where appropriate) the following three statements:
- a. "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]."
- b. "I will accept service of process from the Copyright Owner [insert name of Copyright Owner] or his/her/its agent"; and
- c. "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- The DMCA Counter Notification must be signed (either electronically or physically) at the end by the Posting Party.
Once we receive a complete DMCA Counter Notification, we will provide a copy to the Copyright Owner and advise the Copyright Owner that we will replace the material within 10 to 14 business days unless our Designated Agent first receives written notice that the Copyright Owner has filed an action seeking a court order to restrain the Posting Party from engaging in infringing activity relating to the removed material. If we receive notice within the time period designated that the Copyright Owner has filed such an action against the Posting Party, we will not re-post the material. If we do not receive notice within the time period designated that the Copyright Owner has filed such an action against the Posting Party, we will re-post the material.
Repeat Infringers
Under appropriate circumstances, SCE may, in its discretion, terminate authorization of any users of its system or network, including any Posting Parties, who are repeat infringers of copyrights.
Accommodation of Standard Technical Measures
It is SCE's process to accommodate and not interfere with "standard technical measures" used by copyright owners to identify or protect copyrighted works as that term is defined in Section 512(i)(2) of Title 17 of the United States Code