Digital Millennium Copyright Act
Introduction
The DMCA is a law that gives copyright owners the right to take action against illegal activity on their websites. It was created in 1998 and is currently in effect until 2020.
Copyright Infringement Notification
If you’re an online service provider and you receive a notice of copyright infringement, the DMCA requires that you take down the infringing content and forward the notice to your users. The DMCA also requires that users be notified of their responsibilities under this law or face liability themselves.
If a user posts something on your site that infringes on another’s copyright, simply notify them via email or other methods (such as posting in our forums) so they can remove it themselves. You don’t have to wait until someone files a lawsuit before taking action—the law is clear: “A service provider shall expeditiously remove” any infringing material upon receiving an appropriate notification.”
DMCA: Counter-Notification
The DMCA: Counter-Notification
If you receive a DMCA takedown notice, you can file a counter-notification. If you are the copyright owner of the content at issue and believe that someone has infringed your work by using it without authorization or permission, then filing a counter-notification will allow you to contest those allegations.
Filing a DMCA takedown notice is easy: just visit www.dmca.com/counter-notice/. Once there, select “Create New Claim” from the dropdown menu and fill out all fields related to your claim (i.e., what company did this?). You’ll be asked to provide some basic information about yourself—namely, your name and email address—before proceeding with filling out more detailed information such as what kind of website(s) published content on which websites; when did they publish these pieces; where do they host their servers located; etcetera…
Repeat Infringer Policy
Functionfile will terminate the accounts of repeat infringers. Repeat infringers are defined as those who have been notified by FunctionFile that their content has been used within a site and have failed to respond in a timely manner.
FunctionFile will also terminate the accounts of users who repeatedly infringe other people’s intellectual property rights, such as trademarks, trade dress rights and copyrights. FunctionFile does not tolerate any form of infringement on its sites or servers including but not limited to: copyright infringement; trademark infringement; patent infringement; trade secret misappropriation; privacy breaches (including harassment); stalking/intimidation; identity theft/fraudulent use of personal information
functionfile.com legal policy
We want to make sure that you know where we stand on the issues of copyright infringement, so here’s our policy:
- Copyright Infringement Notification: If you believe that one of our users has infringed upon your copyrighted material in any way, please use this form to submit a notice. Please note that the person who receives such a notification may be liable for damages if they continue using the content after receiving notice from us (see section 2 above). We do not have any control over what happens after we send out these notices—we can only register complaints about alleged infringement and forward them on for processing by our host provider.
Conclusion
We hope this guide has been helpful in understanding how the DMCA works and what you can do if you believe that your content has been infringed. Please feel free to contact us with any questions or comments about our service.