3/11/2023 0 Comments Dmca takedown![]() If the subscriber then objects via a counter notification, the service provider must notify the party which filed the original notice. In this process, the service provider must promptly inform the subscriber of the removal of the content. The online service provider may additionally limit its liability for the removal of the material itself as well as its liability for restoring the removed material, by complying with a counter notification process. Provided the notification complies with the requirements of Section 512, the online service provider must expeditiously remove or disable access to the allegedly infringing material, otherwise the provider loses its safe harbour and is exposed to possible liability. 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.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and email address.Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit the service provider to locate the material.Section 512(c) lists a number of requirements the notification must comply with, including: Īn online service provider can be notified through the copyright owner's written notification of claimed infringement. In addition to the two general requirements that online service providers comply with standard technical measures and remove repeat infringers, section 512(c) also requires that the online service providers: 1) do not receive a financial benefit directly attributable to the infringing activity, 2) are not aware of the presence of infringing material or know any facts or circumstances that would make infringing material apparent, and 3) upon receiving notice from copyright owners or their agents, act expeditiously to remove the allegedly copyright infringing material. Section 512(c) applies to online service providers that store copyright infringing material. ![]() Additionally you must also include a Declaration Statement and sign and date the notice.The Online Copyright Infringement Liability Limitation Act, passed into law in 1998 as part of the Digital Millennium Copyright Act provides safe harbour protection to "online service providers" for "online storage" in section 512(c). Your notice must include the contact information of the person making the request, a statement under penalty of perjury that you are either the rights owner of authorized to act on behalf of the rights owner, the rights owners full legal name, address, and contact information, A description of the location and type of the reported media, and the reason for the report. To send your DMCA Takedown Request by mail you can mail a letter to: The best and fastest way to submit a takedown request is by filling out our online form. Please not that a report alleging infringement of intellectual property rights must come from the rights owner or someone authorized to report on their behalf (for example: attorney, agent). If you find content or media on one of our sites that you believe infringes on your copyright (or the copyright of a represented entity) you can submit a DMCA Takedown Request to have it removed.
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