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 legislation provides a framework for copyright holders to protect their works from unauthorized use and distribution on the internet. 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 all parties involved.
2. Legal Framework
Under the DMCA, copyright owners have the right to take action against individuals or entities that infringe upon their copyrights. The law provides a 'safe harbor' provision that protects online service providers from liability for infringing content uploaded by users, provided that they comply with certain requirements. To qualify for this safe harbor, the Service must not have actual knowledge of infringement, must not be 'willfully blind' to infringing activity, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification from the copyright owner.
3. Reporting Copyright Infringement
If you believe that your copyrighted work has been infringed upon by content available on the Service, you may submit a notification of claimed infringement to our designated agent. The notification must include specific information as outlined in the DMCA, including a description of the copyrighted work, identification of the infringing material, your contact information, and a statement of good faith belief that the use of the material is not authorized by the copyright owner. Upon receipt of a valid notice, the Service will take appropriate action to remove or disable access to the infringing material.
4. Counter-Notices
If you believe that your material was removed or disabled by mistake or misidentification, you may submit a counter-notice to the Service. The counter-notice must include your contact information, identification of the material that was removed, a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake, and your consent to jurisdiction in the federal court for the district in which you reside. Upon receipt of a valid counter-notice, the Service may restore the material in question within 10 to 14 business days unless the original complainant files a lawsuit seeking a court order against the alleged infringer.
5. Rights and Responsibilities
Both copyright owners and users of the Service have rights and responsibilities under the DMCA. Copyright owners have the right to protect their works and seek remedies for infringement. Users, on the other hand, are responsible for ensuring that they do not infringe upon the copyrights of others. The Service will take appropriate action to address claims of infringement, but it is ultimately the responsibility of users to understand and comply with copyright law. The Service may terminate the accounts of repeat infringers in accordance with the DMCA.
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 from any actions taken in response to a DMCA notice. The Service does not have any obligation to monitor or review content uploaded by users, and any liability for infringement rests solely with the user who uploaded the content. By using the Service, you agree to indemnify and hold harmless the Service from any claims arising from your use of the Platform, including any claims related to copyright infringement.
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 on the Platform. It is your responsibility to review this policy periodically for updates. Continued use of the Service following the posting of changes constitutes your acceptance of those changes. If you do not agree to the terms of this policy, you must cease using the Service.
If you have any questions or concerns regarding this DMCA policy, or if you wish to submit a notice of claimed infringement or a counter-notice, please contact our designated agent at the provided contact information on the Platform. We are committed to addressing any issues related to copyright infringement and will respond promptly to all inquiries.
