Digital Millenium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Thank you for visiting our website (the “Website”). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at email@example.com.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millenium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Copyright Infringement Notification – Should you desire to file a copyright infringement notification, you need to send a written communication that includes substantially all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please send your Copyright Infringement Notification to:
Copyright Infringement Notification Retractions:
In the event that after you submit a Copyright Infringement Notification you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
- A statement indicating that you are retracting your Copyright Infringement Notification;
- The complete and specific URL of the material in question;
- An electronic signature; and
- A copy of your original Copyright Infringement Notification.
Copyright Infringement Counter-Notification:
If you have received a Copyright Infringement Notification and you own all of the necessary rights to the alleged infringing material, then pursuant to 17 U.S.C. §512(g)(2)&(3) you may submit a Counter-Notification. A Counter-Notification must include all of the following:
- Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
- Your full name, address, telephone number, and email address;
- The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant”;
- The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
Upon receipt of a Counter-Notification, we will forward it to the party who submitted the original claim of copyright infringement (the “Claimant”). Please note that when we forward the counter-notification to the Claimant, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
After we send the Counter-Notification, to the Claimant, the Claimant must then notify us within Ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
This Website terminates the account(s) of any repeat copyright infringer, when appropriate.