What is the DMCA and Take Down Notice/Complaint?
The DMCA is a federal law that was enacted in 1998 to combat the theft of electronic media such as software, games, photography, videos, or music over the internet. This law, amongst other things:
Imposes rules prohibiting the circumvention of technological protection measures in place on copyrighted materials
Sets limitations on copyright infringement liability for internet service providers (such as WNW)
A DMCA takedown notice/complaint is submitted to an internet service provider (such as WNW) where a claim of copyright violation is presented. The notice/complain indicates that a copyright owner or the owner's agent has notified WNW that a user is violating their copyright by downloading, sharing, or copying media. Although WNW does not typically monitor for these violations, once notified, WNW is bound by DMCA to act swiftly to stop infringement on the WNW network.
What is the Process to Respond to the Complaint?
If some or all of your content in your profile is removed due to a complaint of copyright infringement under the DMCA, and you believe the content referenced in the complaint is not infringing, you may provide a written “counter-notice” to WNW within fifteen (15) days of notice to you - after you remove the specified material from your profile. Counter-notices should only be filed if you are certain you have not committed infringement, and are able to provide supporting information, as any false statement in your written counter-notice may lead to civil or criminal penalties. To submit a counter-notice, you must provide the following required information:
Identify the material that was removed or disabled, and the location where it appeared before it was removed or disabled.
A statement by you declaring under penalty of perjury that you have a good faith belief that the material at issue was either misidentified or mistakenly removed.
Your name, address and telephone number.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the complaint set forth above (if you are located outside of the United States, you must state that you consent to the jurisdiction of any United States federal district court in which we may be found).
Your physical or electronic signature.
What Happens if I do not Respond?
If you do not submit a counter-notice in fifteen (15) days, WNW will assume you do not dispute the claim, and
permanently remove the material from your profile.
How Does WNW Process DMCA Complaints?
1. WNW will evaluate the DMCA takedown notice/complaint to be sure it substantially conforms to the statutory requirements under the DMCA.If more information is required, WNW will request such information from the complainer.
A. If the complainer does not respond, or if the notice is nonconforming with respect to requirements under the DMCA, WNW may ignore the notice, but will retain it along with a copy of any correspondence attempting to obtain more information to demonstrate that WNW did not receive a conforming notice and did what is required to try to get one.
B. If the complainer sends the remaining required information, WNW will notify the user associated with the alleged infringement and secure voluntary take- down of the work, block access to the work, and/or disable the user's access to WNW’s network.
2. WNW will provide the user an opportunity to submit a counter-notice disputing the DMCA takedown notice. If WNW receives a valid counter-notice, WNW will forward the information the user provides to the party who filed the complaint. If the Claimant does not file a lawsuit with respect to the content within 10 days, we will reinstate the content.
3. WNW may restore access to the allegedly infringing work within 10 to 14 business days after the day it receives the counter-notice, unless it first receives a notice from the complainer that he or she has filed an action seeking a court order to restrain the page owner.
4. If WNW receives notice that the complainer has filed an action seeking a court order to restrain the user, WNW will not repost the allegedly infringing work. It will forward the notice to the user and to its legal counsel for response as appropriate.