DMCA - File Removal

DMCA - File Removal

We here at Uploadia intend to fully cooperate with Digital Millennium Copyright Act. The DMCA is a U.S. copyright law. It addresses the rights and obligations of owners of copyrighted material who believe their rights under U.S. copyright law have been infringed, particularly but not limited to, on the Internet. DMCA also addresses the rights and obligations of OSP / ISP (Internet Service Providers) on whose servers or networks the infringing material may be found. Uploadia reserves the right to terminate any account in which is guilty of infringement of the copy rights of upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.

Put Forward a Claim

If you believe that your work or the work of someone you know may have been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide with the below information, so we may proceed as needed.

  1. Needed is a electronic and/or personal signature of the owner of the in question material (Complainant) that has been infringed on.
  2. A description of said work detailing what it is and how you came across it.
  3. Where the copyrighted work is on the site, preferably a link to the infringed material or detail of activity that the Complainant is on site.
  4. The name, address, telephone number and email address of the Complainant.
  5. A statement by the Complainant displaying their belief that the material in question is in fact not authorized by the copyright or intellectual property owner, its agent or the law.
  6. 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.

Upon receiving the required claim of Intellectual Property Violations, Uploadia Promise to do the following.

  1. Removal of the infringed material or disable access to the material.
  2. Notify the user who had uploaded the material the it has been taken down and that access to it has been disabled
  3. Provide the user responsible for posting the alleged infringed material with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
  4. Notify the Complainant once the material has been removed or disabled.

Counter Forms

If you have had a notice which has claimed to take down a material or disabled it and wish to prove that the material in question has not been copyrighted. Then to do so then you must provide with the below information..

  1. A physical or electronic signature from the user in question.
  2. A description of the work that has said to have been infringed and removed/disabled and where the material had appeared before the removal of said material.
  3. A statement from the accused claiming that they in good faith believe that the material in question has been removed or disabled as a result of being misidentified or because of a mistake.
  4. We would also need the members name, address, phone number and email address as well as a statement that states that the Member (The person who the complaint is against) in question consents to district court for the judicial district in which the Member is located. The Member must also provide a statement that they will accept service of process from the Complainant.

Upon receiving the Counter Notification Form, Uploadia Promise to do the following.

  1. Provide the Complainant with a copy of the Counter Notification Form
  2. Inform to the Complainant that the removed or disabled material will be replaced or re-enabled within up to 14 business days unless Uploadia receive notice that the Complainant has field for an action seeking a court order to restrain the user of the material for infringing activity.
  3. 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.
  4. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Uploadia, Members who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
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