DMCA

1. Introduction

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted on October 28, 1998. The DMCA implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and is designed to update copyright law for the digital age. The DMCA provides a framework for copyright owners to protect their works online and establishes a 'safe harbor' for online service providers (OSPs) from liability for copyright infringement, provided they comply with certain requirements. This document outlines the policies and procedures of The Service in relation to copyright infringement claims under the DMCA.

2. Safe Harbor Provisions

Under the DMCA, online service providers may qualify for safe harbor protection if they do not have actual knowledge of infringing material and act expeditiously to remove or disable access to infringing material upon receiving a proper notification. To qualify for this protection, The Service must not be directly involved in the creation or distribution of infringing content. Furthermore, The Service must implement a policy for terminating accounts of repeat infringers in appropriate circumstances. This safe harbor provision encourages the growth of the internet by allowing service providers to operate without the constant fear of liability for user-generated content.

3. Notification of Claimed Infringement

To initiate a DMCA takedown process, copyright owners must submit a notification of claimed infringement to The Service. This notification must include specific information as outlined in the DMCA, including a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner, identification of the copyrighted work claimed to have been infringed, identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Service to locate the material, and a statement that the complaining party 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.

4. Counter-Notification

If a user believes that their content has been removed or disabled by mistake or misidentification, they may submit a counter-notification to The Service. This counter-notification must include the user's physical or electronic signature, identification of the material that has been removed or disabled and the location at which the material appeared before it was removed, 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, and the user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which The Service may be found, and that the user will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.

5. Rights and Liabilities

The DMCA establishes a balance between the rights of copyright owners and the rights of users. While copyright owners are granted the ability to protect their works, users are also afforded protections against wrongful takedowns. It is important for both parties to understand their rights and liabilities under the DMCA. Copyright owners must act in good faith when submitting takedown notices, as false claims can result in legal consequences. Conversely, users who submit counter-notifications must also ensure that their claims are legitimate, as misuse of the counter-notification process can lead to liability for infringement.

6. Repeat Infringers Policy

The Service maintains a policy for terminating accounts of users who are found to be repeat infringers. A repeat infringer is defined as a user who has been the subject of multiple takedown notices and has failed to comply with the DMCA requirements. This policy is in place to protect the rights of copyright owners and to ensure that The Service remains compliant with the DMCA. Users are encouraged to respect the intellectual property rights of others and to refrain from engaging in infringing activities.

7. Changes to This Policy

The Service reserves the right to modify this DMCA policy at any time. Any changes will be effective immediately upon posting the revised policy on this website. Users are encouraged to review this policy periodically to stay informed about how The Service is protecting copyright and intellectual property rights. Continued use of The Service following the posting of changes constitutes acceptance of those changes.

8. Contact Information

For any questions regarding this DMCA policy, or to submit a notification of claimed infringement or a counter-notification, please contact The Service at the designated email address provided on this website. It is important to provide all required information in order to facilitate a prompt response to your inquiry. The Service is committed to addressing copyright concerns in a timely and effective manner.