Digital Millennium Copyright Act
click to enlarge Our office is a few minutes walk from the chunk of building on the horizon, right of the statue.
We respect and will respond as required by law to conforming notices of alleged infringement that comply with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
NOTICE: We reserve the right not to act upon, or respond to, or even acknowledge receipt of, any alleged notification that does not conform to the statutory requirements of the DMCA as regards the elements of conforming notification.
Elements of a Conforming Notification
A conforming notification must be in the form of a hard copy document (by fax or regular mail — not by email or phone) that sets forth ALL the numbered items specified below. If requested by email, a functioning fax number will be provided. This requirement of a hard copy for communicating a conforming notification is to provide for the transmission of the signature to the essential sworn oaths, made under threat of perjury, as required in the DMCA and described in items 5 and 6 below. Therefore, the hard copy requirement will not be waived under any circumstance. Alleged notifications that do not contain every one of the required data points, or are not in the form of a signed hard copy, are not conforming and will not be acknowledged.
Please note that you may be liable for civil damages (including costs and attorneys’ fees) and criminal penalties if you materially misrepresent that a product or activity is infringing your copyrights.
We strongly suggest that you consult an attorney with knowledge of copyright law and the DMCA before you file a DMCA notice .
Your notification claiming a copyright infringement and demanding our compliance with the take-down provisions of the DMCA must contain the following specific elements, identified in your notice by the numbers.
Non-conforming documents will not be acted upon.
1. Location of the alleged infringement – Identify the exact location URL (web address) of every page that displays the copyrighted work that you believe has been infringed. No claim will be honored that lacks this element.
For example, your notification should state, “The copyrighted work at issue is the text (and/or graphics) that appears on the following web page(s):
www.offendingdomainname.com/offending_page01.htm and www.offendingdomainname.com/offending_page02.htm and
www.offendingdomainname.com/offending_page03.htm
Please note that unless the entire web site is totally infringing, you must identify every infringing page. If the entire site is totally or virtually totally infringing, the home page URL and a statement to that effect will be sufficient.
2. Identify the specific material that you claim is infringing the copyrighted work listed in item #1 above. No claim will be honored that lacks this element.
That means you must quote the text or identify which specific graphics by file name are claimed as infringing.
For Forums that we host you must identify each and every message that you claim as infringing. To do that, place your cursor over the Topic of an allegedly infringing message and right click on your cursor. In the menu that opens, the URL of that message is listed, highlight, copy and paste that URL into your notification. Note that if you posted the material in a forum that we host that you now wish to claim is allegedly infringing, your claim may be denied because the TOS of all forums we host contains a copyright license.
3. Contact Info for you – Provide information reasonably sufficient to permit BuildingHosting.Com to contact you. That means both an email address and a postal address. We do not engage in phone conversations regarding copyright issues. No claim will be honored that lacks this element.
4. Identify the alleged infringer – This element is the only optional element of a conforming notification. We recognize that you may not know or be able to learn the identity and contact information for an alleged infringer. Provide information, if possible, information sufficient to permit BuildingHosting.Com to notify the owner, web master or administrator of the web page that allegedly contains infringing material. If you have individual names, company name, address, etc., they would be welcome but are not required.
5. IMPORTANT: Include the following statement verbatim: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.” No claim will be honored that lacks this element.
6. IMPORTANT: Include the following statement verbatim: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am an agent of the copyright owner authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” No claim will be honored that lacks this element.
7. Sign the document and have that signature witnessed by a Notary Public or other responsible public official authorized as a public witness. No claim will be honored that lacks this element.
8. Mail the document (certified mail return receipt is recommended for your protection and ours) to the following address:
Joe Harkins
BuildingHosting.Com
2595 Kennedy Blvd (E-51)
Jersey City, NJ 07306