1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for reporting copyright infringement on The Service. The DMCA is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA provides a safe harbor for online service providers, protecting them from liability for copyright infringement provided they comply with certain requirements. This policy is intended to inform users of their rights and responsibilities under the DMCA, as well as the procedures for reporting and responding to claims of copyright infringement.
2. Legal Framework
Under the DMCA, copyright owners may submit a notice of alleged infringement to The Platform, which must include specific information as outlined in 17 U.S.C. § 512(c)(3). This includes 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 contact information for the complaining party. Upon receipt of a valid notice, The Service will take appropriate action, including the removal of infringing material.
3. Safe Harbor Provisions
The DMCA provides a 'safe harbor' provision that protects online service providers from liability for copyright infringement, provided they meet certain criteria. To qualify for safe harbor, The Platform must not have actual knowledge of infringing material, must not be 'willfully blind' to such material, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. This means that The Service must have a designated agent to receive notifications of claimed infringement, and must implement a policy for terminating repeat infringers.
4. Counter-Notices
If material that has been removed or to which access has been disabled is the result of a mistake or misidentification, the affected user may submit a counter-notice to The Platform. A counter-notice must include the user's physical or electronic signature, identification of the material that has been removed or disabled, a statement under penalty of perjury that the user believes in good faith that the material was removed or disabled as a result of mistake or misidentification, and the user's contact information. Upon receipt of a valid counter-notice, The Service may restore the material unless the copyright owner files an action seeking a court order against the user.
5. Rights and Responsibilities
Users of The Platform are responsible for ensuring that their use of copyrighted material complies with applicable copyright laws. The Service does not endorse or promote any content that infringes on the intellectual property rights of others. Users are encouraged to respect the copyrights of others and to seek permission before using copyrighted materials. Failure to comply with copyright laws may result in the removal of content, suspension of accounts, or other legal consequences.
6. Reporting Infringement
To report a claim of copyright infringement, users must submit a written notice to The Service's designated agent. The notice must include all required information as specified in Section 2 of this policy. The Service will review the notice and take appropriate action, which may include removing or disabling access to the allegedly infringing material. Users are encouraged to provide as much detail as possible to facilitate the review process.
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 any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes.
For questions regarding this DMCA policy or to submit a notice of alleged infringement, users may contact The Service's designated agent at the contact information provided on The Platform. All inquiries will be addressed in a timely manner, and The Service is committed to ensuring compliance with copyright laws.
