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Digital Millennium Copyright Act (DMCA) Notice

Our Website follows the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA).  As such, we will respond to written notification of copyright infringements in accordance with the DMCA. If you believe your copyrighted material is being infringed on our Website, please contact us immediately.

In order for us to respond, you must provide us notice in a form that substantively complies with the safe harbor provisions of the DMCA.  Your notice of claimed infringement must be a written and include ALL of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you do not provide a written notice that meets these elements, we will not honor your request and are not required by law to do so.

Sample take down notice.

My name is INSERT NAME and I am the INSERT TITLE of INSERT COMPANY NAME.  A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by my company.

An article was copied onto your servers without permission. The original ARTICLE/PHOTO, to which we own the exclusive copyrights, can be found at:

PROVIDE WEBSITE URL

The unauthorized and infringing copy can be found at:

PROVIDE WEBSITE URL

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

Thank you.

/s/YOUR NAME

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