4. Counter-Notices
If a service provider removes or disables access to material in response to a DMCA notice, the affected user may submit a counter-notice to the service provider. The counter-notice must include specific information, including the user's contact information, a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification, and consent to jurisdiction in the federal district court for the district in which the user resides. Upon receiving a valid counter-notice, the service provider must restore the material within ten to fourteen business days unless the copyright owner files an action seeking a court order against the user.
5. Rights and Responsibilities
Both copyright owners and service providers have rights and responsibilities under the DMCA. Copyright owners have the right to protect their works from unauthorized use and to seek redress for infringement. They must provide clear and accurate information in their notices of claimed infringement to avoid liability for misrepresentation. Service providers, on the other hand, must act promptly upon receiving notices and must also ensure that their policies are transparent and accessible to users. They are encouraged to implement repeat infringer policies to terminate the accounts of users who repeatedly infringe copyright.
6. Limitations of Liability
The DMCA includes limitations of liability for service providers, which means that they cannot be held liable for infringing content uploaded by users if they comply with the DMCA's requirements. However, this limitation does not apply if the service provider is found to have actual knowledge of infringing material or is found to be willfully blind to such material. Additionally, service providers must not receive a financial benefit directly attributable to the infringing activity, and they must not have the ability to control such activity. These limitations are crucial for fostering innovation and allowing the free flow of information on the internet.
7. Changes to This Policy
This DMCA policy may be updated from time to time to reflect changes in the law or our practices. Any changes will be effective immediately upon posting the revised policy on this website. Users are encouraged to review this policy periodically to stay informed about our practices regarding copyright infringement and the DMCA. Continued use of this website following the posting of changes constitutes acceptance of those changes.
If you believe that your copyright has been infringed on this website, please contact us at the designated DMCA agent. Please provide the following information in your notice: 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 site, your contact information, and a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.