DMCA/Copyright
DMCA (Copyright) Takedown Policy
Last Updated: May 2019
We respect the intellectual property rights of others and we expect our users to do the same. Each user is responsible for making sure that the materials they upload to our website does not infringe any third-party copyright.
We will promptly remove materials from the website in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content—for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the website the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please contact an attorney. You might also want to consult publicly available reference materials like those found at the U.S. Copyright Office website or the Lumen website.
You may submit this information via:
- Email: [email protected]
Filing a DMCA Counter-Notice to Restore Removed Content—for Users
If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the material that was removed and the location on the website (e.g., the URL) where it previously appeared.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the United States District Court for the Eastern District of Michigan, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
You may submit this information via:
- Email: [email protected]
Before you file your DMCA counter-notice, please carefully consider whether or not the use of the copyrighted material at issue is infringing. If you file a DMCA counter-notice when your use is infringing, you could be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, please contact an attorney. You might also want to consult publicly available reference materials like those found at the U.S. Copyright Office website or the Lumen website.
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice on request.
Repeat Infringer Policy
We will terminate user accounts that have been the subject of two separate DMCA notices. If a user’s materials are removed due to a DMCA notice and then later restored due to the filing of a DMCA counter-notification, we will treat the underlying DMCA notice as withdrawn.
We may terminate user accounts that are the subject of fewer than two DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding our terms.
Warning
In filing a DMCA notice or counter-notice, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notice complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notice will not be processed further.
In addition, please make sure that all of the information you provide is accurate. Under section 512(f) of the Copyright Act, 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
We may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see section 512(c)(3) of the Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notice, please contact an attorney or see section 512(g)(3) of the Copyright Act, 17 U.S.C. § 512(g)(3), for more information.