Difference between revisions of "DMCA Information"
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+ | == DMCA Takedown Requests == | ||
+ | |||
If you wish to file a DMCA request, you must send the following to us via email to ''toumaltheorca at gmail.com'': | If you wish to file a DMCA request, you must send the following to us via email to ''toumaltheorca at gmail.com'': | ||
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* Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." | * Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." | ||
* Sign the document and print your name under that. | * Sign the document and print your name under that. | ||
− | * Send this document via email | + | * Send this document via email to ''toumaltheorca at gmail dot com''. |
+ | |||
+ | Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Consult your legal counsel or see Section 512(c)(3) of 17 U.S.C. to clarify or confirm the requirements of the notice. | ||
+ | |||
+ | |||
+ | == DMCA Counter-Notifications == | ||
+ | |||
+ | The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act of 1998: http://www.copyright.gov/legislation/dmca.pdf | ||
+ | |||
+ | Your counter-notification must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements) | ||
+ | A physical or electronic signature of the subscriber. | ||
+ | Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. | ||
+ | A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. | ||
+ | The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Scribd may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. | ||
− | + | We will forward a copy of your counter-notification to the original complainant. We will restore the deleted content no less than 10 but no more than 14 days after receipt of the counter-notification. If the complainant wants to prevent this from happening, he has to send us a copy of a restraining injunction from a federal court, barring the user from uploading the disputed work to our site. |
Latest revision as of 08:00, 10 June 2014
DMCA Takedown Requests
If you wish to file a DMCA request, you must send the following to us via email to toumaltheorca at gmail.com:
- Identify in detail where the copyrighted work that you believe has been infringed upon is located. So for example the URL and further details on the specifics if it part of a page or
- Identify the materials that you claim are infringing your copyright such as if it is an image, page, or so on.
- Provide contact information so we can contact you. This includes an email, a phone number, and a mailing address.
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the document and print your name under that.
- Send this document via email to toumaltheorca at gmail dot com.
Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Consult your legal counsel or see Section 512(c)(3) of 17 U.S.C. to clarify or confirm the requirements of the notice.
DMCA Counter-Notifications
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act of 1998: http://www.copyright.gov/legislation/dmca.pdf
Your counter-notification must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements)
A physical or electronic signature of the subscriber. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Scribd may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will forward a copy of your counter-notification to the original complainant. We will restore the deleted content no less than 10 but no more than 14 days after receipt of the counter-notification. If the complainant wants to prevent this from happening, he has to send us a copy of a restraining injunction from a federal court, barring the user from uploading the disputed work to our site.