Copyright Policy

LodgeNet Interactive Corporation

LodgeNet Interactive Corporation (“LNET”) respects the intellectual property rights of content creators.  We explicitly prohibit our content providers from using any LNET channels/website(s) or other LNET services, including without limitation channels/website(s) or services provided by our subsidiaries or affiliates (collectively, the “LNET System”) to publish or transmit materials in violation of another party’s copyrights.  The following Copyright Policy describes how LNET responds to copyright owners who believe their copyrights are violated by material contained on the LNET System and how LNET content providers may dispute such allegations. In accordance with the Digital Millennium Copyright Act (“DMCA”), LNET responds to a Notice of Alleged Copyright Infringement, described in Section A below, by promptly removing or disabling public access to the allegedly infringing material.  LNET content providers who believe their content was removed or disabled as a result of mistake or misidentification may submit a Counter Notification, as described in Section B.

A.  Copyright Owners Alleging Infringement

Copyright owners who believe their creative works are accessible via the LNET System in violation of their rights may submit a written Notification of Alleged Copyright Infringement (“Notification”) by fax, mail or e-mail, containing the following information, as provided in DMCA, 17 U.S.C. § 512(c)(3):

1. Identification of the specific copyrighted work you claim to have been infringed, described with sufficient detail, including a URL if appropriate, for LNET to locate your work.  For example, you might state: “My copyrighted work appears at http://www.my-website-name.com/my-creative-work.html.” If you have multiple copyrighted works at a single online site that are included in this single Notification, provide a representative list of the works at that site.

2. Identification of the specific material located on the LNET System that you claim infringes upon the work you described in Item 1, described with sufficient detail for us to locate the allegedly infringing material on our system. For example, you might state:  “The content described as [insert description of content] that appears on Channel X at [insert hotel information] infringes upon my copyright.”

3. Your contact information, including at a minimum: your name, mailing address, telephone, and if available, an email address.

4. The statement: “I declare under penalty of perjury that I have a good faith belief that the use of the material identified in this Notification is not authorized by the copyright owner, its agent, or the law.”

5. The statement: “I declare under penalty of perjury that the information in this Notification is true and that I am the owner, or authorized to act on behalf of the owner, of an exclusive right in the material for which I am alleging infringement.”

6. An electronic or physical signature of the copyright owner, or a person authorized to act on behalf of the owner.

Notifications that do not adequately comply with the preceding requirements may delay LNET’s response, or in some cases may be disregarded.

If your Notification materially misrepresents a claim that content accessible via the LNET System infringes upon your copyright, you may be liable for damages, including attorneys’ fees and other costs.  As a precaution, if you are in doubt whether the material identified in Item 2 infringes the copyrighted material you identified in Item 1, we recommend you consult legal counsel before submitting this Notification.

Submit the Notification by fax, mail, or e-mail to the attention of LNET’s Designated Copyright Agent at:

LodgeNet Interactive Corporation
3900 West Innovation Street
Sioux Falls, SD 57107-7002
E-mail: copyright@lodgenet.com
Fax:  (605) 988-2910

After LNET receives your Notification, we will expeditiously remove or disable access to the disputed material and promptly notify the LNET content provider of our actions.  The LNET content provider may then file a Counter Notice, as described below.  If LNET receives a valid Counter Notice from the content provider, we will promptly send you a copy of the notice and inform you that we will replace the removed material or restore access to it in no sooner than ten (10) and no later than fourteen (14) business days from receipt of the Counter Notice, unless you notify our Designated Copyright Agent that you have filed suit in U.S. District Court seeking an injunction against the LNET content provider.

B.  LNET Content Providers Alleging Mistake or Misidentification in Removal of Content

LNET content providers who believe that we removed or disabled access to their content as a result of mistake or misidentification may contest our actions by submitting a Counter Notification, containing the following information, as provided in DMCA, 17 U.S.C. § 512(g)(2) and (3):

1. Identification of the specific material that you believe was removed from the LNET System or to which access has been disabled, and the location or URL where the material appeared before it was removed.

2. The statement: “I declare under penalty of perjury that I have a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification.”

3. Your contact information, including, at a minimum: your name, mailing address, telephone, and if available, an email address.

4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district that includes your mailing address (or if you live outside the United States, for any judicial district in which the LNET System can be accessed) and that you will accept service of process from the party who submitted the Notification or an agent of such person.

5. An electronic or physical signature, from you or other person authorized to act on behalf of the owner of material that was removed.

Submit the Counter Notice by fax, mail, or e-mail to the attention of LNET’s Designated Copyright Agent at:

LodgeNet Interactive Corporation
3900 West Innovation Street
Sioux Falls, SD 57107-7002
E-mail: copyright@lodgenet.com
Fax:  (605) 988-2910

If your Counter Notice meets the requirements described above, LNET will send a copy of the Counter Notice to the original complaining party, explaining that LNET will replace or restore access to the disputed content no sooner than ten (10) and no later than fourteen (14) business days from receipt of the Counter Notice, unless that party notifies our Designated Copyright Agent that he has filed suit in U.S. District Court seeking an injunction against your continued use of the disputed content.

If your Counter Notice materially misrepresents that the content was removed or disabled by mistake or misidentification, you may be liable for damages, including attorneys’ fees and other costs.  As a precaution, if you are in doubt whether the material identified in Item 1 was removed or disabled as a result of mistake or misidentification, we recommend you consult legal counsel before submitting this Counter Notice.  Notwithstanding anything in this Policy to the contrary, LNET reserves the right to remove any content at any time at its sole discretion.