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It is our policy to respond to
clear notices of alleged
copyright infringement. This
page describes the information
that should be present in these
notices. It is designed to make
submitting notices of alleged
infringement to Docuter 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.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
To file a notice of infringement with us, you must provide a written communication (by regular mail -- not by email, except by prior agreement) 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. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers): 1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “Touch Not This Cat†by Dudley Smith, published by Smith Publishing, ISBN #0123456789").
2.
Identify the material that you
claim is infringing the
copyrighted work listed in item
#1 above.
FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the Docuter URL for each allegedly infringing search result. 3. Provide information reasonably sufficient to permit us to contact you (email address is preferred). 4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). 5. 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." 6. 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." 7. Sign the paper.
Please note that in addition to
being forwarded to the person who
provided the allegedly infringing
content, a copy of this legal notice
will be sent to a third-party which
may publish and/or annotate it. As
such, your letter (with your
personal information removed) will
be forwarded to Chilling Effects (http://www.chillingeffects.org).
You can see an example of such a
publication at
http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
A link to your published letter will
be displayed in place of the removed
content at Docuter.
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication (by regular mail -- not by email, except by prior agreement) 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 not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers): 1. Identify the specific URLs or other unique identifying information of material that Docuter has removed or to which Docuter has disabled access. 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court in Santa Clara County, California (United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. 3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown." 4. Sign the paper. For any additional questions regarding the DMCA process or any other questions you can contact us at copyright@docuter.com
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