Policy

This policy describes how we, the operator of the website, respond to claims that materials users have submitted infringe copyright. In short we follow the Digital Millennium Copyright Act, or DMCA.

What’s the DMCA?

The DMCA is a United States federal law that sets up a formal process for reports of copyright infringement by our users, called takedown notices. It also sets up a process for disputing takedown notices by sending counter notices. The law protects us from liability for infringement by users when we follow this process. It also makes those who abuse the takedown and dispute processes liable for damage they cause.

How does it work?

Many online service providers like us handle great numbers of takedown notices and counter notices. Often, the whole process takes place online, with the help of automated tools. However, the legal claims and documents involved remain very serious. Please approach the process accordingly.

Should I send a takedown notice?

If you aren’t absolutely sure that you own copyright and that material on our site infringes, speak to an attorney before sending a DMCA takedown notice. Knowing, material misrepresentations about infringement in a takedown notice can make you liable to us, the person that you wrongly allege is infringing, copyright owners, and licensees, all for significant damages, including costs and attorneys‘ fees. A lawyer can help you decide if you should file a takedown notice, and if so, help you prepare it correctly. We can’t.

How do I send a takedown notice?

Send takedown notices to our agent. Per United States Code, title 17, section 512(c)(3), your takedown notice must have:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

  2. Identification of the copyrighted work you claim is been infringed.

  3. Identification of the infringing material to be removed.

  4. Contact information, preferably an email address, that we can use to reach you.

  5. Your statement of 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.

  6. Your statement that the information in your notice is accurate.

  7. Your statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

How do we respond to takedown notices?

When we receive a valid takedown notice, we remove or restrict access to allegedly infringing material. We then try to contact the user that submitted the material to notify them that the material has been removed or restricted, to provide them a copy of the takedown notice, and to direct them to this policy.

What about repeat offenders?

When appropriate, we limit, suspend, or terminate the accounts of users who repeatedly infringe copyright.

Should I dispute a takedown?

If you aren’t absolutely sure that your material doesn’t infringe copyright, speak to an attorney before sending a DMCA counter notice. Knowing, material misrepresentations about mistaken removal or access restriction can make you liable to the us, the one who filed the takedown notice, copyright owners, and licensees, all for significant damages, including costs and attorneys‘ fees. A lawyer can help you decide if you should file a counter notice, and if so, help you prepare it correctly. We can’t.

How do I dispute a takedown?

Do not resubmit material to the website that we removed or restricted in response to a takedown notice. If you do this, we will limit, suspend, or terminate your account. Instead, send a counter notice to our agent. Per United States Code, title 17, section 512(g)(3), your counter notice must have:

  1. Your physical or electronic signature.

  2. Identification of the material removed access-restricted, and where it was available via our service before we removed or restricted access to it.

  3. Your statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.

  4. Your name, address, and telephone number.

  5. Your statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the United States, for any any judicial district in which we may be found.

  6. Your statement that you will accept service of process from the person who provided the takedown notice, or their agent.

How will we respond to counter notices?

When we receive a valid counter notice, we forward a copy to the person who filed the takedown notice. If they don’t notify us in ten business days that they are seeking a court order to prevent further infringement, we may replace or restore access to to the material we removed.

9d9e53c08b25e9b6d353d414876f0a3325fb37c6c6a8c3940aae804a99451aa4

Type Form
Publisher kemitchell
Project dmcasimple
Edition first edition (1e)
Published October 24, 2020
Release Notes
  • Started from dmsimple 1e2d.
  • Fixed agreement error.
  • Improve wording in "What's the DMCA?" and "Should I send a takedown notice?".
  • Fix verb tense in "How do we respond...?".
  • Mentioning limiting repeating offenders' accounts, in addition to suspending or terminating them.
  • Drop hyphen from "counter notice".
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Permalink commonform.org/kemitchell/dmcasimple/1e
Complete commonform.org/kemitchell/dmcasimple/1e-complete
Annotated commonform.org/kemitchell/dmcasimple/1e-annotated