Difference between revisions of "DMCA"

Revision as of 16:31, 9 September 2021

DMCA

OpenReference respects the intellectual property rights of others. It is our policy to respond expeditiously to any notice that any content posted on our website infringes the copyright rights of others. All claims of copyright infringement will be investigated, and appropriate action will be taken, including but not limited to removal of the infringing content and termination of user access, if applicable.

Notification of Copyright Infringement

If you believe content on our website infringes your copyrighted material, you must provide written notice (a “Takedown Notice”) to infoORwiki.org. Such Takedown Notice must include:

• Your contact information, including name, address, telephone number and email address;
• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
• Identification of the content on the ORwiki.org websites that is claimed to be infringing your copyrighted work, and URLs or similar information sufficient to permit OpenReference Initiative to locate that content on our websites and services;
• Information reasonably sufficient to permit OpenReference Initiative to contact you, including your address, telephone number and email address;
• A statement that you have a good faith belief that use of the content on the ORwiki.org websites in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• 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 owner of the copyright that is allegedly infringed.

The above information must be submitted in writing to our Designated Agent using the contact information provided below.

Please note that you may be liable for damages if you file a false Takedown Notice. You should consult with an attorney before sending a Takedown Notice to determine your rights and obligations.

If we remove or disable content or access to content in response to a Takedown Notice, we will make a good faith attempt to contact the provider of the alleged infringing content so that they may make a counter notification. We may keep a record of Takedown Notices provided by you and any subsequent action taken.

Counter Notification of Copyright Infringement

If you believe content you posted was removed in error pursuant to a Takedown Notice, you may send a notice (a “Counter Notification”) to infoORwiki.org.

To file a Counter Notification, you must send us the following information in writing:

• Your full name, address, telephone number, and e-mail address;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
• Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled.”
• Include a statement that you: (1) consent to the jurisdiction of the Federal District Court for the jurisdiction in which your address is located, if you are located outside of the United States, and (2) will accept service of process from the person who provided the initial Takedown Notice, or its agent;
• Sign the Counter Notification if sent by mail or type your name or attach a digital signature if sent by email.

OpenReference Initiative will forward your Counter Notification, including your personal information contained in the Counter Notification, to the party who submitted the initial Takedown Notice. By submitting a Counter Notification, you consent to the use of your information in this manner. We will not forward the Counter Notification to any party other than the author of the initial Takedown Notice unless required by law.

After we send the Counter Notification, the author of the initial Takedown Notice must respond to us within ten (10) business days stating it has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content on our website. If the author of the initial Takedown Notice does not respond within ten (10) days, your content will be reposted.

Please note that you may be liable to OpenReference Initiative for damages if you file a false Counter Notification. You should consult with an attorney before sending us a Counter Notification to determine your rights and obligations.