Digital Millennium Copyright Act
OnOph is committed to complying with U.S. copyright law and expects all end users who access our services to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on Web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, OnOph will remove or block access to the allegedly infringing material. If a user of the OnOph service believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter notice to OnOph. OnOph will not be a party to disputes over alleged copyright infringement.
This information should not be construed as legal advice to our users. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by OnOph is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with OnOph's designated agent in the manner described below.
A written commutation by email: email@example.com
Then for your formal complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
1. A physical signature of a person authorized to act on behalf of the copyright owner
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit OnOph to locate the material
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
6. 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
(For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).)
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent a 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.
Counter notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter notification with OnOph's designated agent at the address listed above. Such counter notification must contain the following information:
1. Physical signature
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant
If OnOph receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.
Please be advised that U.S. copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.