NASBLA provides an approved boating safety course database which includes hypertext links to the websites of approved Course Providers and/or to material published electronically by approved Course Providers. In conducting its review of proposed course materials by applying Course Providers, NASBLA does not review submitted material to determine whether proposed course materials infringe upon the copyrights of any third party. In order to comply with the Digital Millennium Copyright Act ("DMCA"), Section 512, NASBLA has adopted this Policy and Procedure.

 

            NASBLA designates its Education Director as its Agent to receive Notifications of Claimed Infringement and Counter Notifications pursuant to the DMCA, and shall file and maintain a current filing of same with the United States Copyright Office. The name and mailing address of said Agent is set forth in the Attachments hereto.

 

            NASBLA will provide a page on its website devoted to the policy and procedures associated with the DMCA. The DMCA page will describe the procedure for serving a Notification of Claimed Infringement on NASBLA's Agent and for serving on said Agent a Counter Notification. The page will also describe the actions NASBLA will take upon receipt of either Notification, set forth below. The Notification of Claimed Infringement shall be in the format attached hereto as Attachment A. The Counter Notification shall be in the format attached hereto as Attachment B.

 

            Upon receipt by its Agent of a Notification of Claimed Infringement from a party (the "first party"), NASBLA shall disable the link identified in the Notice and promptly notify the owner/administrator (the "third party") of the website alleged to contain infringing content of receipt of such Notice and of NASBLA's action, together with a statement that the third party may consult NASBLA's website for further DMCA information. The notice to the third party shall be in the format attached hereto as Attachment C. If the Course Provider whose content is questioned is not the owner/administrator of the said website, or if NASBLA does not know whether the Course Provider is the owner/administrator of the said website, a copy of the notice shall be sent to the Course Provider at the last known address on file with NASBLA.

 

            If its Agent receives a Counter Notification, NASBLA shall promptly notify the first party of same, providing the first party a copy of the Counter Notification and shall advise the first party that the disabled link will be enabled in ten (10) business days. The notice to the first party shall be in the format attached hereto as Attachment D.

 

            NASBLA shall enable the link not less than ten (10) and not more than fourteen (14) business days after receipt of the Counter Notification unless the Agent first receives notice from the first party that first party has filed an action seeking a court order to restrain the third party from engaging in infringing activity relating to the content associated with the link. If NASBLA receives notice that such an action has been filed, it shall refrain from any action with regard to the identified link until either (a) ordered by the court having jurisdiction over the action, or (b) advised jointly by first party and third party that the matter has been resolved and jointly requesting action by NASBLA.

 

Please click here to access the form for designating an Agent.