Legal Stuff

 

Digital Millennium Copyright Act

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click to enlarge.  Our office is a few minutes walk from the low square chunk of a building on the horizon, to the 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 in a conforming notice 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. An email is not a conforming notice and will be ignored.

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 a formal oath is one of the elements of a conforming notice and therefore you may be liable for civil damages (including costs and attorneys’ fees) and other civil penalties, as well as criminal penalties, if you materially misrepresent under oath that a product or activity is infringing copyrights under your control or responsibility.

We strongly suggest that you consult an attorney with knowledge of copyright law and the DMCA before you file a DMCA notice of infringement .

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 or a substantial part of it is 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, by file name, that you claim as infringing. Note that if you are the person who posted the material in a forum that we host and you now wish to claim is allegedly infringing because we decline to remove it on your request, your claim may be denied because the TOS of all forums we host contains a copyright license grant that permits us to continue to publish any material you submit.

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, 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. That same information may also help us ban the offending party.

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, above your signature made in front of a Notary Public: “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-46)
Jersey City, NJ 07306

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