The Digital Millennium Copyright Act (DMCA), the No Electronic Theft Law (NET Act), and other federal laws make copyright infringement both a criminal offence and provide for civil penalties. You can be prosecuted in criminal court and/or sued for damages in civil court. Criminal penalties for first-time offenders can be as high as five years in prison and $250,000 in fines. Civil penalties can run into many thousands of dollars in damages and legal fees.
Every year, users across the U.S. receive copyright infringement notices from organizations such as the Recording Industry Association of America and the Motion Picture Association of America because they have illegally exchanged files on the internet, often times using the P2P software. Some of these users have paid thousands of dollars to settle lawsuits related to copyright infringement. Sometimes no more than the downloading or uploading of a single song is grounds for legal action.
U.S. Federal law treats copyright infringement, including copyright infringement that occurs on P2P networks, as a serious offence that carries serious consequences. Civil penalties may include actual damages and loss profits ranging from $750 to $30,000 per work (Song, Movie, or Software) that is infringed. The court can also award reasonable attorney’s fees and costs and substantially increase the damages in the case of a willful copyright infringement. Criminal penalties can include fines and up to five years of imprisonment.
Notice And Designation Of Agent For Copyright Infringement Notification
Pursuant To The Digital Millennium Copyright Act of 1998 (“DMCA”)
Pursuant to the terms of the Digital Millennium Copyright Act of 1998 (“DMCA”), our interim designated agent is assigned to receive all notification under the DMCA.
Our Interim Designated Agent can be contacted as follows:
CONTACT US (Please include “NOTICE OF INFRINGEMENT” in the subject line.)
OUR POLICY ON INFRINGING SITES/ARTICLES/PRODUCTS OBTAINED THROUGH THIS WEBSITE.
It is our policy to fully comply with the terms of the DMCA and to remove any articles/sites/products/links which we are notified infringes upon the copyrights of any party. We do not knowingly place any infringing items on our website.
Furthermore, it is our policy to, at our discretion; terminate the links of any site to our services who knowingly infringes upon the copyrights of others.
REPEAT OFFENDERS POLICY
Furthermore, it is our policy, to terminate the links of any site/product to our services who knowingly infringes upon the rights of others, as a repeat offender.
NOTIFYING US IF YOU FEEL MATERIAL AVAILABLE FROM OUR WEBSITE VIOLATES YOUR COPYRIGHTS.
We refer you to the full text of the DMCA for a complete description of your rights and obligations concerning materials on this website that you feel violate your rights. It is our policy to fully comply with the DMCA.
You may notify us of materials that you feel are infringing by notifying the Designated Agent at the contact information indicated above. Your notification should comply with the requirements of the DMCA. At a minimum, the notice should include:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location where the material that you claim is infringing is located and a description of the precise information contained on the site that you feel infringes upon your rights;
4. information that permits us to contact you, including your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
HOW WE PROCESS NOTICES THAT WE RECEIVE
It is our policy to follow the terms of the DMCA. Upon receipt of a notice that “substantially complies” with the contents that are prescribed by the DMCA, we will take action to remove or disable the material that is claimed to be infringing.
We will contemporaneously notify the part responsible for such material that we have received our notification. This notification will include a statement that this party has the right to give us a counter notification which complies with the requirements of the DMCA.
If we receive a counter notification from the party responsible for the allegedly infringing content, we will notify you that we shall replace the removed or disabled material in 10 business days unless you notify us that you have commenced a court action against the allegedly infringing party within that 10 day period.
If you file a court action, the allegedly infringing materials will remain disabled until an order of the court determines the matter.
YOUR FURTHER RIGHTS
For a complete description of the rights that you have under the DMCA and the procedure that we will follow, we refer you to the full text of the DMCA. Nothing in these policies is intended to supplant the requirements and procedures contained in the DMCA. If there is a conflict between these policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.
U.S. Copyright Office Home Page:
Summary of Digital Millennium Copyright Act from the U.S. Copyright Office:
Last Update: July 26th, 2018