Indiana Complaint for Relief Pursuant to Digital Millennium Copyright Act
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How to fill out Complaint For Relief Pursuant To Digital Millennium Copyright Act?
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FAQ
Get evidence of legal action To respond to a counter notification, claimants must include evidence that one of the following legal actions has been taken: An action seeking a court order against the uploader to restrain the allegedly infringing activity (not just a claim for damages).
As a civil matter, fines begin at $750 per incident and can be as high as $150,000; willful violations can result in criminal penalties, including stiff fines and imprisonment. As violation of policy, complaints submitted by copyright owners will be referred to the Office of the Judicial Administrator.
But if your use is not copyright infringement, you can fight the takedown and have your content restored. The Digital Millennium Copyright Act (DMCA) requires service providers (ISPs) and other internet platforms to quickly remove content that infringes on a copyright.
The DMCA imposes certain requirements including the duty to respond to takedown notices and remove any infringing content. In order to be in compliance with the DMCA, your business must: Avoid using or hosting copyrighted content. Establish notice and takedown procedures.
The infringement notice will have the name of a file that the copyright holder believes you do not have the right to share and possibly even any right to use. Minimally you should look for copies of that file and remove them; however, any infringing material should be deleted.
To get started you can submit your request with DMCA.com here: DMCA Takedown Form. If someone has stolen your content and is publishing it without your permission on another website, DMCA.com can help. Simply submit the name and location of where you found your stolen content and we go to work on your behalf.
The IPR Center encourages victims to visit its website at .IPRCenter.gov to obtain more information about the IPR Center and to report violations of intellectual property rights online or by emailing IPRCenter@dhs.gov. You can also report IP crime by clicking on The IRP Center's ?Report IP Theft? button.
Once you receive a DMCA notice?either directly or through your ISP?review and confirm the alleged copyright infringement listed on the takedown notice. If you can confirm that there is a copyright infringement, you should proceed with taking down the identified material.
