1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for addressing claims of copyright infringement on The Service. The DMCA is a United States copyright law that provides a safe harbor for online service providers from liability for copyright infringement, provided they comply with certain requirements. This policy is designed to inform users of their rights and responsibilities under the DMCA, as well as the procedures for reporting and addressing copyright infringement.
2. Legal Framework
The DMCA was enacted in 1998 to implement the World Intellectual Property Organization (WIPO) Copyright Treaty and to update copyright law for the digital age. Under the DMCA, service providers may qualify for safe harbor protection if they do not have actual knowledge of infringing material, do not receive a financial benefit directly attributable to the infringing activity, and act expeditiously to remove or disable access to infringing material upon receiving proper notification. This policy outlines the process for notifying The Service of alleged copyright infringement and the subsequent actions that may be taken.
3. Notification of 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. The notice must include the following information: (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, including an address, telephone number, and email address; (5) a statement that the complaining party has 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 (6) 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.
4. Counter-Notification
If material that has been removed or to which access has been disabled is the subject of a counter-notification, the affected user may submit a counter-notification to The Service. The counter-notification must include the following information: (1) a physical or electronic signature of the user; (2) 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; (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; (4) the user's name, address, and telephone number; and (5) a statement that the user consents to the jurisdiction of the federal district court for the judicial district in which the user's 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 notification or an agent of such person.
5. Safe Harbor Provisions
The DMCA provides safe harbor provisions that protect service providers from liability for copyright infringement, provided they comply with the requirements set forth in the law. To qualify for safe harbor, The Service must not have actual knowledge of infringing material, must not be aware of facts or circumstances that would make the infringing activity apparent, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. This means that The Service is not liable for infringing content uploaded by users, as long as it adheres to the DMCA's requirements.
6. 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 must refrain from uploading, posting, or otherwise distributing content that they do not own or have permission to use. The Service reserves the right to terminate the accounts of users who repeatedly infringe upon the copyrights of others or who are found to be engaging in infringing activities. Users are encouraged to familiarize themselves with copyright law and to seek permission from copyright owners before using their works.
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 The Service. Users are encouraged to review this policy periodically to stay informed about any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If any changes are made that materially alter the rights or responsibilities of users, The Service will provide notice of such changes.
For questions regarding this DMCA policy or to submit a notification of infringement or a counter-notification, please contact The Service's designated agent at the contact information provided on the website. It is important to provide all required information in your notice or counter-notification to ensure that it is processed in a timely manner. The Service is committed to addressing copyright infringement claims in accordance with the DMCA and will respond to all valid notices received.
