What is the DMCA and Take Down Notice/Complaint?
The DMCA is a federal law that was enacted in 1998 to combat the theft of electronic media such as software, games, photography, videos, or music over the internet. This law, amongst other things:
A DMCA takedown notice/complaint is submitted to an internet service provider (such as WNW) where a claim of copyright violation is presented. The notice/complain indicates that a copyright owner or the owner's agent has notified WNW that a user is violating their copyright by downloading, sharing, or copying media. Although WNW does not typically monitor for these violations, once notified, WNW is bound by DMCA to act swiftly to stop infringement on the WNW network.
What is WNW’s Process to Submit a DMCA Takedown/Complaint?
If you are a copyright owner or an agent thereof and believe that any WNW Information infringes upon your copyrights, you may submit a notification pursuant to DMCA by providing our intellectual property agent (“Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. 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;
C. 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;
D. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
E. A statement that you have 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; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our Agent:
Attn: Takedown Request, c/o c/o Justin Gignac at 26 Mercer Street, Floor 5, New York, 10013,
also available at: https://dmca.copyright.gov/osp/publish/history.html?search=working+not+working&id=01f4639874c8a34f246996f2792daac4.
Alternatively, you can submit notifications electronically to [email protected]
You acknowledge that if you fail to comply with all of the requirements of this Section VII(2), your DMCA notice may not be valid.
What is the Process to Respond to the Complaint?
If some or all of your content in your profile is removed due to a complaint of copyright infringement under the DMCA, and you believe the content referenced in the complaint is not infringing, you may provide a written “counter-notice” to WNW within fifteen (15) days of notice to you - after you remove the specified material from your profile. Counter-notices should only be filed if you are certain you have not committed infringement, and are able to provide supporting information, as any false statement in your written counter-notice may lead to civil or criminal penalties. To submit a counter-notice, you must provide the following required information:
A statement by you declaring under penalty of perjury that you have a good faith belief that the material at issue was either misidentified or mistakenly removed.
Your name, address and telephone number.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the complaint set forth above (if you are located outside of the United States, you must state that you consent to the jurisdiction of any United States federal district court in which we may be found).
What Happens if I do not Respond?
If you do not submit a counter-notice in fifteen (15) days, WNW will assume you do not dispute the claim, and permanently remove the material from your profile.
How Does WNW Process DMCA Complaints?
1. WNW will evaluate the DMCA takedown notice/complaint to be sure it substantially conforms to the statutory requirements under the DMCA.If more information is required, WNW will request such information from the complainer.
2. WNW will provide the user an opportunity to submit a counter-notice disputing the DMCA takedown notice. If WNW receives a valid counter-notice, WNW will forward the information the user provides to the party who filed the complaint. If the Claimant does not file a lawsuit with respect to the content within 10 days, we will reinstate the content.
3. WNW may restore access to the allegedly infringing work within 10 to 14 business days after the day it receives the counter-notice, unless it first receives a notice from the complainer that he or she has filed an action seeking a court order to restrain the page owner.
4. If WNW receives notice that the complainer has filed an action seeking a court order to restrain the user, WNW will not repost the allegedly infringing work. It will forward the notice to the user and to its legal counsel for response as appropriate.