DMCA Notice (Takedown)

DCMA - Digital Millennium Copyright Act | Removal Request. DMCA takedown for copyright. Image showing DMCA and items representative of control (locks over content). dmca

Digital Millennium Copyright Act Notice Submission (“Takedown Request”)

Welcome. As noted in The Global Policy, this Site and ownership (“I”) strongly support the free exchange of ideas to cultivate an educated, thriving, Trusting society. You’ve reached the DMCA takedown page because You don’t agree with that and want to (try to) enforce Your (or the entity You allege to represent) alleged copyright protection(s). Under Title 17, U.S.C., you MUST therefore make- and duly-deliver upon Me a Notice. This page advises how I receive such Notice, along with Site-specific instructions. This page includes the form- and upload tool to send Me Your Notice.

I support Fair Use to its fullest extent. This applies to both My works/content and to works/content shared by Visitors, Users, and Guests of the Site.

I do not knowingly or intentionally post Copyright-restricted works, and I do not knowingly or intentionally post protected Works in any means that would be contrary to Fair Use rules (or other agreements licensing works to Me).

However, I cannot control what Visitors, Users, and Guests post or share, even with moderation. I have implemented rules and guidelines against the unauthorized use/posting/sharing of copyrighted content, including for cases where such use is against Fair Use. The process below is formally known as an (copyright infringement) “Notice,” also known as a “Takedown Request.”

Because I do not necessarily seek out Your or My Site guests’s personally-identifying data/information, it may be impossible for Me to process Your takedown request. This DMCA Notice submission form exists as a courtesy.

DMCA NOTICE PROCESS & WHAT TO EXPECT

If You meet ALL requirements for serving a Notice (informally: making a takedown request), then You MUST complete the (entire) DMCA form below according to ALL terms herein (plus any applicable terms within The Global Policy). In addition, you MUST also upload—via the form—a written letter (PDF format) which meets all statutory requirements (e.g., 17 U.S.C. § 512; below).

YOU MUST COMPLETE ALL FIELDS OF THE FORM BELOW AND ALSO MUST MEET ALL REQUIREMENTS OF DMCA LAW(S) AND MY POLICY FOR YOUR NOTICE TO BE REVIEWED OR CONSIDERED: IF ANYTHING IS INCOMPLETE OR INCORRECT, YOUR NOTICE WILL NOT BE ACKNOWLEDGED NOR PROCESSED. Else, I will attempt to review Your Notice, and I will attempt to follow up with You: Response is not guaranteed.

IF YOU PROVIDE AN IP ADDRESS FOR WHICH YOU SUSPECT INFRINGEMENT IS ASSOCIATED, I WILL NOT NECESSARILY ACT UPON THAT INFORMATION. I WILL NOT NECESSARILY BLOCK, TRACE, RELEASE, OR OTHERWISE ENGAGE WITH AN IP ADDRESS(ES), REGARDLESS OF YOUR REQUEST. MULTIPLE COURTS OF VARYING JURISDICTIONS–INCLUDING THE SUPREME COURT OF THE UNITED STATES OF AMERICA–HAVE UPHELD THAT AN IP ADDRESS IS NOT A PERSON, including for purposes of DMCA copyright enforcement.

If You report a specific Username of a Registered User, Your request MAY be considered, but banning and/or removal is not guaranteed.

As indicated in The Global Policy and in line with the framework of free exchange of ideas for a better and more Trusting society, YOUR NOTICE(S)/FORM SUBMISSION CONTENT(S) MAY BE SHARED WITH ANY ENTITY(IES), INCLUDING PUBLICLY, AT MY SOLE AND UNLIMITED DISCRETION. FOR INSTANCE, I MAY SHARE YOUR NOTICE OR FORM DATA PUBLICLY, WITH ADVOCACY GROUPS SUCH AS LUMEN (A/K/A CHILLINGEFFECTS.ORG), ON THIS SITE, OR AT ANY OTHER PLACE AND FORMAT OF MY SOLE AND UNLIMITED DISCRETION.

YOUR NEXT STEPS: COPYRIGHT HOLDER OR REPRESENTATIVE

DO NOT SEND DUPLICATE NON-UNIQUE NOTICES FOR THE SAME CONTENT! Your Notice(s) will NOT be expedited under any circumstances. If You submit multiple reasonably alike Notices for the same content (that is, Notices that reasonably lack uniqueness), You may face disciplinary actions, such as banning of Your IP address(es) or other penalties. Your Notice(s) may be dismissed for noncompliance or on other grounds. In any of these cases, but not limited to them, I do not have to advise you whether or not action is taken, and I do not have to provide you reason(s) for any action or inaction.

STATUTORY REQUIREMENTS FOR SERVING DMCA NOTICE

You MUST Provide a Written & Signed Letter Meeting ALL Requirements at 17 U.S.C. § 512, et seq.

Please attach to the below form a written letter which meets all statutory requirements so that I may view it as a potentially compliant Notice. The requirements here are NOT (1) legal advice, nor a substitute for legal advice, nor (2) necessarily a full, complete, and up-to-date listing of all requirements under Section 512. Further, other laws, regulations, or treaties may apply. As of publishing, these are (some) requirements under Section 512, and I require that your letter fulfill/include EVERY item:

  • (i) the signature of the copyright owner or an authorized agent;
  • (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
  • (iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit the OSP to locate the material (or the reference or link); 
  • (iv) contact information for the copyright owner or authorized agent; 
  • (v) a statement that the person sending the notice 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 [e.g., Fair Use, etc.]; and
  • (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

N.b.: Emphasis and [brackets] in the bulleted list directly above are my own. Recall that I only accept one (-1-) request per work, so (ii) does NOT apply in-full.

If You allege multiple works violate Your alleged protection(s)

If You believe there is more than one (-1-), reasonably unique instance of a work(s) that You allege to violate Your (or the entity You represent) protections, then You MUST submit a separate, unique Notice for each instance UNLESS the alleged infringement(s) is of the same work but on only one (-1-) unique webpage. You MUST follow all terms herein for each request.

You Must be Truthful and Submit an Accurate Notice (and Form)

17 U.S.C. § 512(f) provides that an person/entity submitting a DMCA-related Notice may be subject to civil liability(ies). For instance, if Your submission is not truthful or is not accurate, then You may have to pay Me damages, attorney fees, court fees, or other remittance(s).

Further, a Notice under Section 512 must be furnished under penalty of perjury, thus subjecting any person(s)/entity(ies) to criminal prosecution for furnishing a dishonest or otherwise illegal Notice, including pursuant to 18 U.S.C. § 1621.

BEGIN REQUEST: DMCA TAKEDOWN FORM

YOU MUST COMPLETE EVERY FIELD ENTIRELY AND COMPLETELY FOR YOUR NOTICE/REQUEST SUBMISSION TO BE CONSIDERED. YOU MUST NOT LIE OR MISREPRESENT ANY DATA/INFORMATION ON-, IN- OR ASSOCIATED WITH THIS FORM OR THE NOTICE. IF YOU DO, YOUR NOTICE/REQUEST WILL BE DISREGARDED AND CONSIDERED LEGALLY VOID. BY SUBMITTING, YOU AGREE TO THESE TERMS, YOU UNDERSTAND THAT SOME OR ALL OF YOUR SUBMITTED DATA MAY BE SHARED PUBLICLY, AND YOU TO THE TERMS OF THE GLOBAL POLICY AND TO THE POLICIES AND TERMS OF THIS PAGE.

After starting the form, You may pause the DMCA Notice/Takedown Request for up to 72 hours. Click below to send yourself a link for completion of your copyright takedown request and finish it later. Otherwise, start over.

If You are dissatisfied with the outcome, or lack thereof, of Your request via this Form, You could try to seek alternative means of enforcement and/or contact.