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Copyright Statement: Begin with a clear statement that the website respects the intellectual property rights of others and is committed to following the provisions of the DMCA to address alleged infringement.
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Content Responsibility: Clarify who is responsible for the content on the website. If users upload content, make it clear that the content is user-generated and that the website acts as a service provider.
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Contact Information: Provide contact details of the designated agent responsible for receiving notifications of claimed infringement. This must include a mailing address, telephone number, and an email address.
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Copyright Complaints: Outline the process for submitting a DMCA notice, including the information that must be included in a proper notification, as specified in 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Counter-Notification: Provide information on how users whose content was removed can submit a counter-notification if they believe the content was wrongly removed or if they hold a valid license to use the content. The process typically mirrors the complaint process and includes specific legal stipulations under 17 U.S.C. § 512(g)(3).
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Policy and Action: Detail the website’s policy towards repeat infringers, as specified by the DMCA, which often includes the termination of the accounts of repeat infringers.
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Disclaimer: Include a legal disclaimer noting that the DMCA page is for information purposes only and that legal advice should be obtained from an attorney.
Here is a basic structure that you might use as a template for the website’s DMCA page:
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DMCA Policy
Introduction
[instadownloads.net] respects the intellectual property rights of others and intends to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices.
Designated Agent
The designated agent for [instadownloads.net] to receive notification of alleged infringement under the DMCA is:
[Antony T. Lawrence]
[Telephone Number 03336205555]
[[email protected]]
Copyright Infringement Notification
If you believe that your copyrighted work has been used on [instadownloads.net] in a way that constitutes copyright infringement, please notify our designated agent with the following information in accordance with the DMCA:
1. [Details required under 17 U.S.C. § 512(c)(3)...]
Counter Notification
If you have received a copyright complaint and believe that your material was removed or disabled by mistake or misidentification, you may send a counter-notification containing the following information to our designated agent:
1. [Details required under 17 U.S.C. § 512(g)(3)...]
Repeat Infringer Policy
[instadownloads.net] will terminate user accounts that have been subject to three (3) or more copyright infringement notices.
Disclaimer
The information provided on this DMCA Policy page is intended to provide general information about our policies in regard to copyright complaints.
Contact Us
If you have any questions about this DMCA Policy, please contact us at [Contact Information].
Remember to replace the placeholders (e.g., [instadownloads.net], [Full Name], [Address], etc.) with the actual details pertaining to your website and the designated agent.
It’s strongly recommended to consult with legal counsel when creating or updating a DMCA policy page to ensure all legal requirements are met and that the policy is properly implemented.