1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA provides a framework for copyright holders to protect their works online and establishes a safe harbor for online service providers (OSPs) from liability for copyright infringement by their users, provided that they comply with certain requirements. This document outlines the policies and procedures of The Service regarding copyright infringement and the DMCA.
2. DMCA Compliance
In order to comply with the DMCA, The Service has implemented a policy that provides for the removal of infringing content upon receipt of a proper notification of claimed infringement. This policy is designed to protect the rights of copyright holders while also ensuring that users of The Service have the ability to contest claims of infringement. The Service will respond to notices of alleged infringement that comply with the DMCA and will take appropriate action in accordance with the law.
3. Safe Harbor Provision
The Safe Harbor provision of the DMCA protects online service providers from liability for infringing content uploaded by users, provided that the service provider does not have actual knowledge of the infringement and acts expeditiously to remove or disable access to the infringing material upon receiving a proper notice. This means that The Service is not liable for the actions of its users, as long as it follows the DMCA guidelines. However, if The Service is found to have actual knowledge of infringing activity and fails to act, it may lose its safe harbor protection.
4. Notification of Claimed Infringement
To file a notification of claimed infringement under the DMCA, the copyright owner or an authorized representative must provide a written communication that includes the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Service to locate the material; (iv) the contact information of the complaining party, including an address, telephone number, and, if available, an email address; (v) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, under penalty of perjury.
5. 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. A counter-notification must include: (i) the user's physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) 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 a mistake or misidentification; and (iv) the user's name, address, 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 original notification of claimed infringement or an agent of such person.
6. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe the copyrights or other intellectual property rights of third parties. By using The Service, users agree to comply with all applicable copyright laws and to refrain from uploading or sharing any content that they do not have the right to use. The Service reserves the right to terminate the accounts of users who repeatedly infringe the copyrights of others.
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 The Service. 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.
For any questions or concerns regarding this DMCA policy, or to submit a notification of claimed infringement or a counter-notification, please contact The Service at the designated contact information provided on the website. All communications regarding copyright issues should be directed to the designated copyright agent, whose contact details will be made available on The Service.
9. Disclaimer
The Service provides this DMCA policy for informational purposes only and does not guarantee that it is complete or accurate. The Service is not responsible for any errors or omissions in this policy or for any actions taken in reliance on the information provided herein. Users are encouraged to seek legal advice regarding copyright issues and the DMCA.
