DMCA
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE PROCEDURES
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org
To expedite our ability to process your request, please use the following format (including section numbers):
* Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Site are covered by a single notification, provide a representative list of such works.
* 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 ShareSWF to locate the material. Please provide a url for each slideshow that you claim to be infringing.
* Information reasonably sufficient to permit ShareSWF to contact you, such as an address, telephone number, and, if available, an electronic mail.
* Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
* Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
* Sign the document
* Send the document to ShareSWF's designated Copyright Agent to receive notifications of claimed infringement. You may use either the address or the fax number given below:
Pankaj Agarwal (Designated CopyRight Agent)
ShareSWF Inc.
P-4, B-Block, Top Floor
Mansarover Complex
Bhopal MP 462003
Fax: 992 625 5956
How do I file a DMCA counter notice?
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification
A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
* Identify the specific URLs of material that ShareSWF has removed or to which ShareSWF has disabled access.
* Provide your full name, address, telephone number, and email address, and the username of your ShareSWF account.
* Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
* Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
* Sign the notice.
Send the written communication to the following address:
Pankaj Agarwal (Designated CopyRight Agent)
ShareSWF Inc.
P-4, B-Block, Top Floor
Mansarover Complex
Bhopal MP 462003
Fax: 992 625 5956
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on ShareSWF. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org
To expedite our ability to process your request, please use the following format (including section numbers):
* Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Site are covered by a single notification, provide a representative list of such works.
* 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 ShareSWF to locate the material. Please provide a url for each slideshow that you claim to be infringing.
* Information reasonably sufficient to permit ShareSWF to contact you, such as an address, telephone number, and, if available, an electronic mail.
* Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
* Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
* Sign the document
* Send the document to ShareSWF's designated Copyright Agent to receive notifications of claimed infringement. You may use either the address or the fax number given below:
Pankaj Agarwal (Designated CopyRight Agent)
ShareSWF Inc.
P-4, B-Block, Top Floor
Mansarover Complex
Bhopal MP 462003
Fax: 992 625 5956
How do I file a DMCA counter notice?
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification
A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
* Identify the specific URLs of material that ShareSWF has removed or to which ShareSWF has disabled access.
* Provide your full name, address, telephone number, and email address, and the username of your ShareSWF account.
* Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
* Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
* Sign the notice.
Send the written communication to the following address:
Pankaj Agarwal (Designated CopyRight Agent)
ShareSWF Inc.
P-4, B-Block, Top Floor
Mansarover Complex
Bhopal MP 462003
Fax: 992 625 5956
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on ShareSWF. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.