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 law 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, provided they comply with certain requirements. This document outlines the procedures and policies related to the DMCA as they pertain to The Service, including how copyright owners can submit notices of claimed infringement and how users can respond to such notices.
2. Safe Harbor Provisions
Under the DMCA, online service providers may qualify for safe harbor protection, which limits their liability for copyright infringement by users of their services. To qualify for safe harbor, The Service must not have actual knowledge of infringing activity, must not be aware of facts or circumstances from which infringing activity is apparent, and must act expeditiously to remove or disable access to infringing material upon receiving a proper DMCA notice. The Service has established procedures to ensure compliance with these requirements, which are detailed in the following sections.
3. Notice of Claimed Infringement
To initiate a claim of copyright infringement, a copyright owner or an authorized representative must submit a written notice to The Service's designated agent. This notice must include specific information as outlined in the DMCA, including: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Service to locate the material; (4) the contact information of the complaining party; (5) a statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notice is accurate, under penalty of perjury.
4. Counter-Notice
If a user believes that their material was removed or disabled by mistake or misidentification, they may submit a counter-notice to The Service. The counter-notice must include: (1) the user's physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled; (3) 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 mistake or misidentification; and (4) the user's name, address, and 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 notice or an agent of such person.
5. Repeat Infringer Policy
The Service maintains a policy of terminating, in appropriate circumstances, users who are found to be repeat infringers. A repeat infringer is defined as a user who has been the subject of multiple DMCA notices and whose infringing activities have been confirmed. This policy is intended to protect the rights of copyright owners and to ensure that The Service remains compliant with the DMCA's safe harbor provisions. The Service reserves the right to determine, in its sole discretion, whether a user has engaged in infringing activities and whether to terminate access to The Service.
6. Disclaimer of Liability
The Service is not liable for any damages, including direct, indirect, incidental, special, consequential, or punitive damages, arising out of or related to any copyright infringement claims. The Service does not endorse or assume any responsibility for the content of any third-party materials or websites linked to or from The Service. The Service's liability is limited to the fullest extent permitted by law, and users agree to indemnify and hold harmless The Service from any claims arising from their use of the platform.
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 protecting their rights and the rights of copyright owners. 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 notice of claimed infringement or a counter-notice, please contact The Service's designated agent at the following address: [Insert Contact Information]. It is important to provide all required information in any notice or counter-notice to ensure a timely response.
