Clear and to the Point

7 September, 2009

DMCA claims made simple

Filed under: online resources,Web — monado @ 09:43
Tags: , , ,

Sendspace, a free file hosting service, has explained clearly and simply who can make a claim of copyright infringement under the Digital Millennium Copyright Act (DMCA) and who can not:

You MUST provide the following information:

  1. Identify yourself as either:
    • The owner of a copyrighted work(s) or
    • A person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  2. Provide contact information that is reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, a valid electronic mail address.
  3. State that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.
  4. State 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.

Unfortunately, their privace policy does not assure users that the content of their submitted files will not be read, reviewed, examined, combed over, analyzed, used for marketing research, aggregated, nor sold. That is a serious security omission for anyone with confidential information and makes me unwilling to use the service until I hear back from them about it.

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