Digital Millennium Copyright Act Notice and Takedown Procedure
FileShoppe intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions, and to benefit from the safe harbors immunizing FileShoppe from liability to the fullest extent of the law. FileShoppe reserves the right to remove any content uploaded to its servers if said content infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Included below are the processes and procedures that FileShoppe will follow to resolve any claims of intellectual property violations:
A) Notice for Claims of Intellectual Property Violations.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide FileShoppe's Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant:) of the copyright or other intellectual property interest that has allegedly been infringed;
- A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
- A description of where the infringing material or activity that the Complainant is located on the Site, with enough detail that we may find it on the Site (e.g., Profile ID);
- The name, address, telephone number and email address of the Complainant;
- A statement by the Complainant that upon a good faith belief the disputed use of the material or activity is not authorized by the copyright or intellectual property owner, its agent or the law; and
- A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.
FileShoppe's Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached by email (Abuse[at]FileShoppe.net) or post (FileShoppe, 211, Poly Centre, Fanling, NT)
B) FileShoppe's Response to Notice for Claims of Intellectual Property Violations.
Upon FileShoppe's receipt of a Notice for Claims of Intellectual Property Violations, FileShoppe will take the following steps:
- Promptly remove or disable access to the material or activity claiming to be infringing;
- Make available to the content provider a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
C) Counter Notification Form.
If a content provider receives notice that a material or activity posted on the Site was removed or disabled and the content provider wishes to dispute the Notice for Claims of Intellectual Property Violations, the content provider must provide FileShoppe's Copyright Agent with the following information:
- An electronic or physical signature of the content provider;
- A description of the copyrighted work or other intellectual property that has been removed or disabled and the location where the material appeared before removed or disabled;
- A statement by the content provider, made under penalty of perjury, that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The content provider's name, address, telephone number and email address, and a statement that the content provider consents to the jurisdiction of the United States District Court for the judicial district in which the content provider's residence is located if in the United States, or a similar court in the country of the content provider's residence. The content provider must also provide a statement that they will accept service of process from the Complainant.
D) FileShoppe's Response upon Receipt of a Counter Notification Form.
Upon FileShoppe's receipt of a Counter Notification Form, FileShoppe will take the following steps:
- Promptly provide the Complainant with a copy of the Counter Notification Form;
- Promptly inform the Complainant that the removed or disabled material or activity will be replaced or re-enabled in not less than ten (10), but no more than fourteen (14), business days unless FileShoppe's Copyright Agent first receives notice that the Complainant has filed an action seeking a court order to restrain the content provider from engaging in infringing activity relating to the material or activity on the Site; and
- After the period in Section (D)(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section (D)(2) above has been received (unless the material is determined by FileShoppe in its sole discretion to potentially infringe any intellectual property rights).
To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.