Digital Millennium Copyright Act Policy
DMCA Policy for Fisker Customers
Fisker Group Inc. and/or its affiliates ("Fisker") provide content, software, services and features to you when you visit fiskerinc.com or another Fisker website, use a Fisker mobile application (a "Fisker Mobile Application"), the infotainment application in the vehicle, Fisker services, and software in connection with any of the foregoing (collectively, "Fisker Properties").
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Should you believe in good faith that materials available through the Fisker Properties infringe your copyright, you must send us a written notice by mail or email, requesting that we remove such material or block access to it.
Notices and counter-notices must be sent in writing to Fisker’s DMCA agent as follows: By mail to Legal Department, 1888 Rosecrans Avenue, Manhattan Beach, CA 90266; or by email to firstname.lastname@example.org.
To be effective, a notice must contain substantially the following information:
(i) the signature of the copyright owner or an authorized agent;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
(iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit the OSP to locate the material (or the reference or link);
(iv) contact information for the copyright owner or authorized agent;
(v) a statement that the person sending the notice 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; and
(vi) a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
A sample notice is available at Notice of Copyright Infringement: Request for Removal of Infringing Material
Where you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Fisker a counter-notice.
To be effective, a counter-notice must contain substantially the following information:
(i) a physical or electronic signature of the user;
(ii) 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;
(iii) a statement under penalty of perjury that the user 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;
(iv) the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of 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 the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
A sample counter-notice is located at Counter Notification: Request to Restore Access to Posted Material (copyright.gov)
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/512/ for details. Once this procedure has been followed, we will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time frame. We may also at our sole discretion limit access to the Fisker Properties and/or terminate the accounts of Users who infringe any intellectual property rights of others.