DMCA

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 intended 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) from liability for copyright infringement by their users, provided that they comply with certain requirements. This document outlines the procedures for reporting copyright infringement and the rights and responsibilities of both copyright owners and users of The Service.

2. Safe Harbor Provisions

Under the DMCA, online service providers may qualify for safe harbor protection if they meet specific criteria. To be eligible for safe harbor, an OSP must not have actual knowledge of infringing material, must not be 'willfully blind' to infringing activity, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. The Service adheres to these provisions and takes copyright infringement seriously. If a copyright owner believes that their work has been infringed, they may submit a notification to The Service, which will be addressed in accordance with the DMCA.

3. Notification of Infringement

To initiate a claim of copyright infringement, the copyright owner or their authorized representative must provide a written notification to The Service that includes the following information: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 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; the contact information of the complaining party, including an address, telephone number, and email address; 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 a statement that the information in the notification is accurate, under penalty of perjury.

4. Counter-Notification

If a user believes that their material has been removed or disabled by mistake or misidentification, they may submit a counter-notification to The Service. The counter-notification must include the user's 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 the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; the user's name, address, telephone number, and a statement consenting 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. Rights and Responsibilities

The DMCA establishes a balance between the rights of copyright owners and the rights of users. Copyright owners have the right to protect their works and seek redress for infringement, while users have the right to contest claims of infringement and to use materials in accordance with the principles of fair use. The Service is committed to ensuring compliance with copyright law and will take appropriate action in response to valid claims of infringement. However, users should be aware that submitting false claims or counterclaims may result in legal consequences.

6. Limitations of Liability

The Service shall not be liable for any damages resulting from the removal or disabling of access to material claimed to be infringing, or for any actions taken in response to notifications of claimed infringement. The limitations of liability set forth in this section are intended to protect The Service from legal claims arising from the enforcement of copyright law and are consistent with the provisions of the DMCA. Users acknowledge that they are responsible for their own content and for ensuring that their use of materials does not infringe the rights of others.

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 Platform. Users are encouraged to review this policy periodically to stay informed about how The Service is protecting copyright and addressing claims of infringement. Continued use of The Service after any changes to this policy constitutes acceptance of the new terms.

8. Contact Information

For any questions regarding this DMCA policy, or to submit a notification of infringement or a counter-notification, please contact The Service at the designated email address provided on The Platform. It is important to include all required information in any correspondence to ensure that claims are processed efficiently and in compliance with the DMCA.