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 owners to protect their works from unauthorized use and distribution online. The Service respects the intellectual property rights of others and expects users of the Platform to do the same. This document outlines the procedures for reporting copyright infringement and the rights and responsibilities of both copyright owners and users of the Service.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon on the Service, you may submit a notification of claimed infringement to our designated copyright agent. The 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 believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated copyright agent. The counter-notification must include your physical or electronic signature; identification of the material that has been removed or to which access has been 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; your name, address, telephone number, and email address; 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.
4. Safe Harbor Provision
Under the DMCA, the Service may qualify for the 'Safe Harbor' provision, which protects online service providers from liability for copyright infringement by their users, provided that the service provider complies with 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 receiving proper notification of claimed infringement, the Service must act expeditiously to remove or disable access to the infringing material. The Safe Harbor provision encourages service providers to cooperate with copyright owners while allowing them to operate without 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 copyrights or other intellectual property rights of any third party. Users must not upload, post, or otherwise make available any content that they do not have the right to use. The Service reserves the right to remove any content that it believes infringes upon the rights of others or violates any applicable laws. Users who repeatedly infringe upon the copyrights of others may have their accounts terminated and may be subject to legal action.
6. Changes to DMCA 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 Platform. 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. If any changes are made that materially affect users' rights, the Service will provide notice through the Platform.
7. Contact Information
For any questions regarding this DMCA policy or to submit a notification of claimed infringement or a counter-notification, please contact our designated copyright agent at the following address: [Insert Contact Information]. The Service is committed to addressing any concerns regarding copyright infringement and will respond to all inquiries in a timely manner.
8. Disclaimer
The information provided in this DMCA policy is for informational purposes only and does not constitute legal advice. The Service makes no representations or warranties regarding the accuracy or completeness of the information contained herein. Users are encouraged to consult with a qualified attorney for advice regarding their specific legal rights and obligations under copyright law. The Service is not responsible for any errors or omissions in the content of this policy or for any actions taken in reliance on the information provided.