1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 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) that comply with certain requirements. This document outlines the procedures and policies related to copyright infringement claims as they pertain to The Service.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide The Service's designated copyright agent with a written notice containing 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) your contact information, including your address, telephone number, and email address; (v) 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Counter-Notification
If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification to The Service's designated copyright agent. To be effective, a counter-notification must include the following: (i) your 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 you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (iv) 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 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, provided that they meet certain criteria. 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, The Service must act expeditiously to remove or disable access to infringing material upon receiving proper notification. This provision encourages service providers to cooperate with copyright holders while allowing them to operate without the constant fear of liability for user-generated content.
5. User Responsibilities
Users of The Service are responsible for ensuring that their use of the platform does not infringe upon the intellectual property rights of others. Users are encouraged to respect copyright laws and to seek permission before using copyrighted materials. The Service reserves the right to terminate the accounts of users who are found to be infringing on copyrights repeatedly. By using The Service, users agree to comply with all applicable copyright laws and to refrain from posting or transmitting any material that violates the rights of any third party.
6. 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 any changes constitutes acceptance of the new terms.
For any questions regarding this DMCA policy or to submit a copyright infringement notification or counter-notification, please contact The Service's designated copyright agent at the address provided on the website. The Service is committed to addressing any copyright concerns promptly and in accordance with the DMCA.
8. Disclaimer
The information provided in this DMCA policy is for general informational purposes only and does not constitute legal advice. Users should consult with a qualified attorney for any legal questions or concerns regarding copyright law or the DMCA. The Service does not warrant or guarantee the accuracy, completeness, or usefulness of any information contained in this policy. Furthermore, The Service is not responsible for any errors or omissions in this policy or for any results obtained from the use of this information.
9. Governing Law
This DMCA policy shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles. Any disputes arising out of or related to this policy shall be resolved in accordance with the applicable laws of the jurisdiction in which The Service operates.
