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. This legislation provides a framework for copyright holders to protect their works online while also establishing a safe harbor for online service providers, including The Service, from liability for copyright infringement committed by users of their platforms. This document outlines the procedures for reporting copyright infringement and the rights and responsibilities of all parties involved.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon by content available on The Service, you may submit a notification to our designated copyright agent. Your notification must include the following information: 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; your contact information, including your address, telephone number, and email address; a statement that you have 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 a statement that the information in the notification is accurate, under penalty of perjury.
3. Counter-Notification
If you receive a notification of claimed infringement and believe that the material was removed or disabled by mistake or misidentification, you may submit a counter-notification. A counter-notification must include: your physical or electronic signature; 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; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which The Service may be found, and that you will accept service of process from the person who provided the original notification of claimed infringement or an agent of such person.
4. Safe Harbor Provision
The DMCA provides a safe harbor provision that protects online service providers from liability for copyright infringement committed by their users, provided that the service providers adhere to certain requirements. To qualify for safe harbor, The Service must not have actual knowledge of infringing material or be aware of facts or circumstances from which infringing activity is apparent. Additionally, upon obtaining such knowledge, The Service must act expeditiously to remove or disable access to the infringing material. The Service must also adopt and implement a policy that provides for the termination of users who are repeat infringers. This safe harbor is crucial for The Service, as it allows for the hosting of user-generated content without the constant fear of liability for copyright infringement.
5. Rights and Responsibilities
Under the DMCA, copyright owners have the right to protect their works from unauthorized use, while users of The Service have the responsibility to respect the intellectual property rights of others. The Service is obligated to respond to valid copyright infringement notifications and to take appropriate action in accordance with the DMCA. Users who submit false claims of copyright infringement may be subject to legal penalties, including liability for damages. It is essential for all parties to understand their rights and responsibilities under the DMCA to ensure compliance and to foster a respectful online environment.
6. Limitations of Liability
The DMCA does not create a blanket immunity for online service providers. While the safe harbor provisions offer significant protection, they are contingent upon the service provider's adherence to the DMCA's requirements. If The Service fails to comply with these requirements, it may be held liable for copyright infringement. Therefore, it is crucial for The Service to maintain a robust system for addressing copyright claims and to ensure that it is acting in good faith. Users should also be aware that submitting false claims or counter-notifications can lead to legal repercussions, including potential liability for damages.
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 on this page. Users are encouraged to review this policy periodically to stay informed about The Service's practices regarding copyright infringement and the DMCA. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If you do not agree with the terms of this policy, you should discontinue use of The Service.
For any questions regarding this DMCA policy, or to submit a copyright infringement notification or counter-notification, please contact our designated copyright agent. All communications should include your name, contact information, and a detailed description of the issue at hand. The Service is committed to addressing copyright concerns promptly and in accordance with the law. We value the rights of copyright holders and strive to maintain a balance between those rights and the rights of users to access and share information.
