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 addressing copyright infringement on the internet and establishes a 'safe harbor' provision for online service providers, which limits their liability for infringing content uploaded by users, provided they comply with certain requirements. This document outlines the policies and procedures that The Service follows in relation to copyright infringement claims under the DMCA.
2. Safe Harbor Provisions
Under the DMCA, online service providers can qualify for safe harbor protection if they meet specific criteria. To qualify, the service provider must not have actual knowledge of infringing material or be 'aware of facts or circumstances from which infringing activity is apparent.' Additionally, the service provider must act expeditiously to remove or disable access to the infringing material upon receiving a proper notification from the copyright owner. This provision encourages service providers to cooperate with copyright holders while minimizing their liability for user-generated content.
3. Notification of Infringement
To initiate a DMCA takedown, a copyright owner must submit a notification to The Service that includes specific information as outlined in 17 U.S.C. § 512(c)(3). This information must include a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, identification of the copyrighted work claimed to be infringed, identification of the material that is claimed to be infringing, and information sufficient to permit The Service to contact the complaining party. Upon receipt of a valid notification, The Service will investigate the claim and may remove or disable access to the infringing material.
4. Counter-Notification
If a user believes that their content has been removed in error, 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, a statement under penalty of perjury that the user has a good faith belief that the material was removed by mistake or misidentification, and the user's contact information. Upon receiving a valid counter-notification, The Service may restore the removed material unless the copyright owner files an action seeking a court order against the user.
5. Repeat Infringers
The Service has a policy in place to terminate the accounts of users who are determined to be repeat infringers. A repeat infringer is defined as a user who has been the subject of multiple DMCA takedown notices. The Service will make reasonable efforts to notify users of any takedown notices and provide them with an opportunity to respond before taking action to terminate their accounts. This policy is designed to protect the rights of copyright holders while also ensuring that users are treated fairly.
6. Liability and Legal Rights
The DMCA provides certain legal rights and remedies to copyright owners whose works have been infringed. These rights include the ability to seek statutory damages, actual damages, and attorney's fees in cases of willful infringement. However, the safe harbor provisions protect service providers from liability for infringing content uploaded by users, provided they comply with the DMCA's requirements. It is important for users of The Service to understand that while they may be protected under the safe harbor provisions, they are still responsible for the content they upload and may face legal consequences for copyright infringement.
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 addressing copyright issues. Continued use of The Service following the posting of any changes constitutes acceptance of those changes.
If you believe that your copyrighted work has been infringed or if you have any questions regarding this DMCA policy, please contact us at the designated DMCA agent provided on our website. Please include your contact information, a description of the copyrighted work, and any relevant details regarding the alleged infringement. The Service takes copyright infringement seriously and will respond promptly to all valid claims.
