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1. WHAT IS THE DMCA?
In a nutshell, section 512 of the DMCA lays out the legal procedure for a copyright holder to formally ask a service provider like Us, to take down allegedly infringing content by submitting a DMCA copyright notice. It also explains how the person who posted, uploaded, or submitted the content at issue can oppose a notice of alleged infringement by submitting a DMCA counter notice.
2. HOW TO SUBMIT A DMCA COPYRIGHT NOTICE?
(!) Before you submit a DMCA copyright notice, please make sure you’re the actual copyright holder or that you’ve been authorized to act on a right holder’s behalf.
To submit a notice of claimed copyright infringement, you will need to send a written communication that includes substantially all of the information listed below:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner (“Authorized Person”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works (e.g. a copy of or link to the original work);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material (e.g. a link to the infringing material);
- Information reasonably sufficient to permit Us to contact the Authorized Person, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the Authorized Person 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 the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Authorized Person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written DMCA copyright notice should be sent to the Designated Copyright Agent contact as listed below.
3. HOW WE MAY RESPOND TO DMCA COPYRIGHT NOTICE?
We can decide to remove or restrict access to any infringing content. If We decide to remove or restrict access to content in response to a DMCA copyright notice, We’ll make efforts to contact the person who has posted, uploaded, or submitted the content at issue.
4. HOW TO SUBMIT A DMCA COUNTER NOTICE?
If you believe your content was removed or to which access was restricted as a result of mistake or misidentification, you may submit a DMCA counter notice that includes substantially all of the information listed below:
- Your name, address, telephone number and physical or electronic signature;
- Identification of the material and its location before removal;
- A statement under penalty of perjury that the material was removed by mistake or misidentification; and
- Your consent to the jurisdiction of federal district court jurisdiction for the address provided and, if your address is outside of the United States, then you must consent to the jurisdiction of any judicial district in which KOREAN may be found, and that you will accept service of process from the person who provided notification of claimed infringement.
Such written DMCA counter notice should be sent to the Designated Copyright Agent contact as listed below.
5. WHAT HAPPENS AFTER YOU SUBMIT A DMCA COUNTER NOTICE?
We may forward the information provided in the counter notice to the person who submitted the DMCA copyright notice. If We do not receive notice within 10 business days that the original person is seeking a court order to prevent further infringement of the material at issue, We may replace or cease disabling access to the material that was removed.
6. REPEAT INFRINGER POLICY
It’s Our policy to process termination of users who uploaded content to Our Services and for whom We have received more than three copyright notices that are compliant with applicable law with respect to such content. Additionally, We reserve the right to terminate accounts of users who infringe on a single occasion if the circumstances warrant. This process does not limit Our ability to pursue any other remedies We may have to address suspected infringement.