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The
goals of the ACC's Enforcement Program are to facilitate the identification
of infringers, to evaluate claims and to find others who are also
being infringed upon in order to jointly proceed against the infringers.
Enforcement Process Step 1
When an ACC member identifies what they believe to be a copyright
infringement they contact the ACC office. They are sent (or download)
the ACC Infringement Intake Form (IIF).
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Enforcement Process Step 2
The member completes and returns (mail or e-mail) the IIF form providing
the necessary background information (including images).
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Enforcement Process Step 3
If a tip comes in from a non-member (Tipster) the ACC staff will interview
them, seek their continuing cooperation, gather as much information
on the infringement as it can and complete an IIF. It will then turn
over the materials to the ACC's General Counsel for evaluation and
further action. Tipster Toll Free Hotline 866. 476.1335
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Enforcement Process Step 4
ACC staff and members will patrol various trade shows and seek to
identify infringers. They will gather evidence and if appropriate
contact the show's staff seeking immediate action against the infringing
exhibitor(s).
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Enforcement Process Step 5
The completed IIF and supporting materials are reviewed by the ACC's
General Counsel. A determination is made as to whether or not a viable,
legally enforceable infringement has occurred. Counsel then contacts
the member and explains his findings.
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Enforcement Process Step 6
If an infringement was found to have occurred the information from
the IIF (including visuals) is posted to the "Members Only" portion
of the web site. An e-mail will be sent to all members asking them
to review the new information and determine whether their rights have
also been infringed upon.
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Enforcement Process Step 7
If other members feel they might also be victims then Steps 1-3 will
be repeated for each member.
SPEED - This part of the process must occur with great speed
in order for secrecy to be maintained.
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Enforcement Process Step 8
When all victimized members have been identified the ACC's General
Counsel will arrange a conference call between all effected members.
A Joint Enforcement Team (JET) will be organized by the members wishing
to proceed.
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Enforcement Process Step 9
The JET members, with the advice of counsel, will decide on a course
of action ("Cease & Desist" letters, "Take Down Notices", negotiations,
injunctions. law suits, contacting customs, etc.). From this point
on the expenses and decisions regarding the JET's activities will
be the JET members' sole responsibility.
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Enforcement Process Step 10
The ACC will monitor the JET's progress and help where it can but
the actual enforcement activities and decisions will be made solely
by the JETs.
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