DMCA Takedown
CFAT/KML will respond to notices of alleged infringement on Intellectual Property that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, and information about the entire act can be found in the Wikipedia) and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.
In order to have allegedly infringing material removed from, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to CFAT/KML with the following information:
- The name, address, and signature of the complaining party 512(c)(3)(A)(i)
- The infringing materials and their Internet location 512(c)(3)(A)(ii-iii)
- Sufficient information to identify the copyrighted works 512(c)(3)(A)(iv)
- A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of 512(c)(3)(A)(v)
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner 512(c)(3)(A)(vi)
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail) that sets forth the items specified above. 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 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 use the following format:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "My copyrighted image which shows a flow of ideas including ../images of a tree, brain, eye, and musical notes.").
2. Identify the URL and the material within the URL that you claim is infringing the copyrighted work listed in item #1 above. For example, "Snapshot at external link: http://www.cfkeep.org/html/snapshot.php?id=15637111398985, image 'flow.gif' in upper left of page"
3. Provide information to permit the CFAT/KML to contact you (email address is preferred).
4. Provide information, if possible, sufficient to allow the CFAT/KML to notify the owner of the allegedly infringing Snapshot or other content (email address is preferred).
5. 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."
6. 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 of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Mail or fax the written communication to the following address: Knowledge Media Lab, Attn: KML Support, DMCA Complaints, 51 Vista Lane, Stanford, CA 94305. Fax: 650-326-0278.
How to file a Counter Claim
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email) 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 not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
A sample counter notification
To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific URLs or other unique identifying information of material that CFAT/KML has removed or to which CFAT/KML has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara 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.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following address:Knowledge Media Lab, Attn: KML Support, DMCA Complaints, 51 Vista Lane, Stanford, CA 94305. Fax: 650-326-0278.
