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The document establishes a DMCA-compliant notice and takedown procedure, designating Steve Klick at Progressive as the agent to receive copyright infringement notices, and specifies the required elements of a valid notice including a signature, identification of the infringed work, and a perjury statement.
This analysis describes what Progressive's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes Progressive's DMCA safe harbor compliance mechanism under the Digital Millennium Copyright Act, designating a specific agent and contact information for copyright infringement claims and committing to respond in accordance with DMCA procedures.
Under this clause, copyright holders who believe their work appears on the Progressive website without authorization may submit a formal DMCA takedown notice to the designated agent, Steven_A_Klick@Progressive.com, with Progressive committing to respond in accordance with the DMCA.
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"If you believe that your work has been copied and is available on this Web site in a way that constitutes copyright infringement, please provide our designated agent (named below) with a notice that includes substantially the following information: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) your contact information, including your address, telephone number, and email address; (5) a statement by you that you have 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 (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Excerpt from Progressive's Terms of Use
1. REGULATORY LANDSCAPE: This provision implements the DMCA safe harbor provisions under 17 U.S.C. Section 512, which limit the liability of online service providers for user-posted infringing content when the provider designates an agent, maintains a notice and takedown procedure, and responds expeditiously to valid notices. The U.S. Copyright Office maintains a registry of designated agents. 2. GOVERNANCE EXPOSURE: Low. DMCA agent designation and notice procedures are standard compliance requirements for online service providers. The provision follows the statutory requirements for a valid DMCA notice and identifies a named individual with contact details, which satisfies the procedural requirements for safe harbor eligibility. 3. JURISDICTION FLAGS: DMCA safe harbor provisions apply to U.S. operations. For users in EU and EEA jurisdictions, the EU Directive on Copyright in the Digital Single Market imposes different obligations on online platforms, and DMCA procedures do not independently satisfy EU copyright compliance requirements. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations that have licensed intellectual property to Progressive or whose materials may appear on the Progressive website should maintain records of this designated agent contact information for use in the event of unauthorized use. The procedure requires a perjury statement, which creates legal exposure for bad-faith or fraudulent takedown notices. 5. COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the designated agent registration is current with the U.S. Copyright Office and that internal procedures for processing and responding to DMCA notices are maintained and staffed appropriately. The clause notes that repeat infringers may have account access terminated, which requires a documented repeat infringer policy for full safe harbor eligibility.
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This provision establishes Progressive's DMCA safe harbor compliance mechanism under the Digital Millennium Copyright Act, designating a specific agent and contact information for copyright infringement claims and committing to respond in accordance with DMCA procedures.
Under this clause, copyright holders who believe their work appears on the Progressive website without authorization may submit a formal DMCA takedown notice to the designated agent, Steven_A_Klick@Progressive.com, with Progressive committing to respond in accordance with the DMCA.
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