DMCA Takedown Notices
It is our policy to respond to clear notices of alleged infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
The DMCA Takedown Notice Process
It’s a three-step process that involves three parties, the complainant, who is the individual claiming copyright infringement, the internet service provider, and the subscriber, or person accused of infringing.
- Step one – as soon as the complainant sends the webhost a proper takedown notice, the ISP must take the offending material down and notify the subscriber.
- Step two – the subscriber may then object by filing a counter notice with the ISP.
- Step three – the material will then go back online within ten days unless the complainant files a lawsuit.
Infringement Notification for GravityServers.com
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Information that Must Be Provided
Under the DMCA, the following information must be provided from you to us. 17 U.S.C. § 512(c)(3)(B) states that if a complaining party does not substantially comply with these requirements, its notice will not serve as “actual notice” for the purpose of Section 512.
- the DMCA notice must be in writing and it has to be signed;
- a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
- it must identify that you own the copyright to works being infringed upon;
- identification of the copyrighted work or works claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address);
- a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
- a statement that information in the complaint is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Your notice of infringement must include full contact information for you or your representative, including full name, street address, city, state, zip, country, company name, phone number and email address.
Your Copyrighted Work
Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the image that appears on http://www.gravityservers.com/tos.shtm”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is Intellectual Property: Valuation, Exploitation, and Infringement Damages by Gordon V. Smith, published by Wiley, ISBN #047168323X”).
You must include full information about the location of the copyrighted work, including the exact web URLs where the work can be found. Additional information about the copyrighted work must be provided such as your existing copyright paperwork.
Location of Infringing Material
Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document or item.
All DMCA takedown notices must be sent to [email protected] and must contain all of the above information, or it is not considered a valid DMCA Takedown Notice.
DMCA Takedown Requests
Updated on 2015-09-02T07:45:57-04:00, by .