DMCA @ NearlyFreeSpeech.NET
The Digital Millennium Copyright Act (DMCA) has very specific requirements for notifications of alleged infringement. For NearlyFreeSpeech.NET to process a notification, it must comply substantially with all the criteria. To help you prepare a notification that can be quickly, efficiently, and successfully processed, we provide the following guidance with respect to how we interpret the need to "comply substantially:"
- Notifications must be submitted by email to dmca@NearlyFreeSpeech.NET
(PDF attachments are acceptable), via fax to (866) 309-6569, or by mail
to this address:
DMCA Notification Agent
1540 INTERNATIONAL PKWY STE 2000
LAKE MARY FL 32746
- Notifications must be signed by the holder of the infringed copyright or the holder's authorized agent. Signatures must be a physical signature or an electronic signature in a recognized and industry-standard format that we can verify (e.g. PGP). Unsigned notifications or notifications with unverifiable digital signatures will not be processed.
- Notifications must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content sufficient for us to locate the specific material. It is not sufficient to simply identify a site by name or base URL unless you are alleging under penalty of perjury that the entire site and every byte of content therein is infringing. We will not go on a fishing expedition through sites we have no firsthand knowledge of looking for something that possibly infringes on copyrighted material we have no firsthand knowledge of.
- Notifications must clearly and specifically identify the exact copyrighted material that is being infringed. If you cannot clearly identify the copyrighted work being infringed, it is likely your claim involves another sort of intellectual property right and the DMCA process is not applicable.
- Notifications must include reasonably sufficient contact information for the copyright owner and, if applicable, the copyright holder's authorized agent.
- Notifications must include a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Notifications must include a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The DMCA is a US law. In cases where the authorized agent submitting the notification is outside the United States, notifications must include a statement that the complaining party is voluntarily submitting to the jurisdiction of United States law and courts with respect to the notification and all actions arising therefrom. If you want our country's protections, be prepared to accept the corresponding responsibilities. Making a bogus DMCA claim can be a very expensive mistake.
- The "C" in "DMCA" stands for "copyright." If you file a DMCA notification about any type of issue other than copyright infringement, including but not limited to alleged trademark infringement or content censorship demands, we will assume you are a slack-jawed idiot that doesn't know what you're doing and handle your request accordingly.
If your notification does not meet all the legal requirements, processing may be delayed until the requirements are met, or it may not be possible to process it at all. If possible and reasonable, we will notify you if there are problems that prevent us from processing your notification.
Questions about the Digital Millennium Copyright Act and/or its provisions as they may or may not apply to you or your rights therein should be directed to a legal professional. This document is provided as a courtesy by NearlyFreeSpeech.NET to help persons with legitimate copyright concerns with member sites get their concerns addressed in the most efficient possible way. It is not legal advice nor a substitute for competent professional legal counsel.
NearlyFreeSpeech.NET provides complete copies of all notifications received to the operator of any site referenced in the notification, and reserves the right to make copies available to third parties for academic study and legal review as we see fit. Under no circumstances will NearlyFreeSpeech.NET treat any use, or abuse, of the DMCA notification process as confidential, even if the notification specifically requests otherwise.