1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for addressing claims of copyright infringement on The Service. The DMCA is a United States copyright law that provides a safe harbor for online service providers, including The Platform, from liability for copyright infringement by their users, provided that they comply with certain requirements. This policy is designed to inform users of their rights and responsibilities under the DMCA and to provide a clear process for copyright holders to report alleged infringements.
2. Legal Framework
The DMCA was enacted in 1998 to implement two 1996 treaties of the World Intellectual Property Organization (WIPO). It aims to protect copyright holders while also providing a framework for online service providers to limit their liability for infringing content uploaded by users. Under the DMCA, a service provider can qualify for safe harbor protection if it does not have actual knowledge of infringing material, does not receive a financial benefit directly attributable to the infringing activity, and acts expeditiously to remove or disable access to infringing material upon receiving proper notification.
3. Safe Harbor Provisions
To qualify for safe harbor protection under the DMCA, The Platform must adhere to specific requirements. This includes having a designated agent to receive notifications of claimed infringement, responding promptly to such notifications, and implementing a policy for terminating repeat infringers. The Platform must also ensure that it does not have actual knowledge of infringing activity, nor should it be 'aware of facts or circumstances from which infringing activity is apparent.' This provision is critical in protecting The Service from liability for user-generated content.
4. Notification of Claimed Infringement
If you believe that your copyrighted work has been infringed on The Platform, you may submit a notification to our designated agent. Your notification must include the following information: 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 information reasonably sufficient to permit The Platform to locate the material; your contact information, including your address, telephone number, and email address; a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, under penalty of perjury.
5. Counter-Notification
If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent. Your counter-notification must include your physical or electronic signature; identification of the material that has been removed or disabled and the location at which the material appeared before it was removed; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and your contact information, including your address, telephone number, and email address. Upon receipt of a valid counter-notification, The Platform will promptly provide the original complainant with a copy of the counter-notification and inform them that it will restore the material in 10 to 14 business days unless the copyright owner files an action seeking a court order against the user.
6. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe on the copyrights of others. By using The Platform, users agree not to upload, post, or otherwise transmit any content that infringes on the intellectual property rights of any third party. Users are encouraged to familiarize themselves with copyright law and to seek permission from copyright owners before using their works. The Platform reserves the right to remove any content that it believes, in its sole discretion, may infringe on the rights of others and to terminate the accounts of repeat infringers.
7. Limitations of Liability
The Platform shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to any infringement of copyright or any other intellectual property right. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use The Service, any content on The Platform, or any third-party services linked to The Platform. Users acknowledge that The Platform is not responsible for the content uploaded by users and that their use of The Service is at their own risk.
8. Changes to This Policy
The Platform reserves the right to modify this DMCA policy at any time. Any changes will be effective immediately upon posting the revised policy on The Service. Users are encouraged to review this policy periodically to stay informed about how The Platform is protecting their rights and responsibilities under the DMCA. Continued use of The Service after any changes to this policy constitutes acceptance of those changes.
If you have any questions or concerns regarding this DMCA policy, please contact our designated agent at the following address: [Insert Contact Information]. We are committed to addressing any issues related to copyright infringement and will respond to all inquiries in a timely manner.
