1. Introduction
The Digital Millennium Copyright Act (DMCA) is a significant piece of legislation that was enacted in 1998 to address the challenges posed by the internet and digital media. This law aims to protect the rights of copyright holders while also providing a framework for internet service providers and platforms to limit their liability for copyright infringement under certain conditions. The Service is committed to complying with the DMCA and respecting the intellectual property rights of others. This document outlines the procedures for reporting alleged copyright infringement, the rights of users, and the responsibilities of The Service in relation to such claims.
2. Legal Framework
Under the DMCA, copyright owners have the right to request the removal of infringing content from online platforms. The law provides a 'safe harbor' provision that protects service providers from liability for infringement by their users, provided that the service providers act expeditiously to remove or disable access to infringing material upon receiving proper notification. This means that The Service will not be held liable for user-generated content unless it is proven that The Service had actual knowledge of the infringement or was 'aware of facts or circumstances from which infringing activity is apparent.'
3. Rights of Copyright Holders
Copyright holders are granted exclusive rights to their works, which include the right to reproduce, distribute, perform, display, and create derivative works based on their original content. When a copyright holder believes that their rights have been infringed upon, they may submit a formal notice to The Service, detailing the specific content that they believe is infringing, along with evidence of their ownership of the copyright. It is important for copyright holders to understand that submitting a false claim can result in legal consequences.
4. Notification Procedure
To initiate a claim of copyright infringement, the copyright holder must provide a written notification to The Service's designated agent. This notification must include 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 its location on The Service; contact information for the complaining party; a statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner; and a statement that the information in the notification is accurate, under penalty of perjury.
5. Counter-Notification Procedure
If a user believes that their content has been removed in error or misidentification, they may submit a counter-notification to The Service. This counter-notification must include the user's physical or electronic signature, identification of the material that has been removed, the location where the material appeared before removal, a statement under penalty of perjury that the user has a good faith belief that the material was removed by mistake or misidentification, and the user's contact information. Upon receiving a valid counter-notification, The Service may restore the removed content unless the copyright holder files an action seeking a court order against the user.
6. Repeat Infringer Policy
The Service maintains a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. A repeat infringer is defined as a user who has been notified of infringing activity more than once and has failed to take appropriate action to address the infringement. This policy is in line with the DMCA's requirements to ensure that The Service takes reasonable steps to prevent further infringement by users who have demonstrated a pattern of violating copyright laws.
7. Limitations of Liability
The Service is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use the platform, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory, even if The Service has been advised of the possibility of such damages. The Service's liability for any claims arising out of or related to this DMCA policy shall not exceed the amount paid by the user to The Service, if any, for accessing the platform.
8. 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 their rights and the rights of copyright holders. Continued use of the platform following the posting of changes constitutes acceptance of those changes.
For any questions regarding this DMCA policy, or to submit a notice of infringement or counter-notification, please contact The Service's designated agent at the provided contact information. It is important to ensure that all communications are clear and include all necessary information as outlined in the notification and counter-notification procedures to facilitate prompt and effective handling of claims.
