edu LIBRARY

DMCA

Digital Millennium Copyright Act (“DMCA”) Process

What is the DMCA and When Should You Use It?
What Happens When a DMCA Takedown Request is Received by Us?
How Do You File a DMCA Takedown Request?
How Do You File a DMCA Counter Claim?

What is the DMCA and When Should You Use It?

On a general level, the Digital Millennium Copyright Act (“DMCA”) provides protection for your copyrighted material with respect to posting on the Internet. If you own copyrighted material and someone utilizes that material without your expressed permission, you can request to have that material removed from the website where it is being displayed.

As an owner and operator of websites, it is MH Sub I, LLC dba Model Mayhem’s policy to respond to clear notices of alleged copyright infringement and to follow processes as recommended by the DMCA.

Note: The policy and process described below is only for copyright infringement situations and is NOT to be used for trademark infringement claims.

What Happens When a DMCA Takedown Request is Received by Us?

Regardless of whether this website or MH Sub I, LLC dba Model Mayhem may be liable for copyright infringement under U.S. law, our response to takedown notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating members responsible for the infringement. If we find that members are repeat copyright infringers, we may terminate their account from the respective website.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected website or content, so that they may make a counter notification.

Please note that we may also document notices of alleged copyright infringement upon which we take action. In addition to forwarding the notification to the person who provided the allegedly-infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (https://www.chillingeffects.org) for publication. By submitting your notification you acknowledge and agree to this forwarding. You can see an example here.

How Do You File a DMCA Takedown Request?

It is critical that all DMCA takedown requests follow the procedures provided here. We will not accept notifications that deviate from these procedures.

Note: Be aware that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyright. If you are not sure whether material infringes your copyright, we suggest that you first contact an attorney.

To file a notice of copyright infringement with us, you must provide a written communication to the provided correspondence addresses (below) that includes the following and references the respective section numbers:

Identify in sufficient detail the copyrighted work that you believe has been infringed upon. Include links to web addresses, if possible.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above. Include the web URL (address) that leads directly to the infringing work.
Provide information sufficient to permit us to contact you (full name, telephone #, city/state, and email address).
Provide information sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or content (infringing member’s ID #, user name and an email address are preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document. Unsigned documents are not acceptable.

Send the notice to one of the following:

Internet Brands

c/o CSC-Lawyers Incorporating Service
2710 Gateway Oaks Drive, Suite 150N

Sacramento, CA, 95833-3505

OR email to [email protected]

OR Fax to (310) 280-5369, Attn: Legal Affairs Dept., DMCA Complaint

How Do You File a DMCA Counter Claim?

If you are the party whose content has been removed — i.e., the administrator of an affected website or the provider of affected content — you may make a counter notification pursuant to DMCA sections 512(g)(2) and (3). When we receive a counter notification, we may determine to reinstate the material.

Note: Be aware that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent copyright ownership or permission to utilize copyrighted material. If you are not sure what your status is with respect to the copyrighted material, we suggest that you first contact a licensed attorney.

To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email) that includes the following and references the respective section numbers:

Identify the specific URLs or other unique identifying information of the material that has been removed or to which access has been disabled.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court of the Central District Court, California, USA, and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C), or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each post, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown or displayed.”
Sign the document. Unsigned documents are not acceptable.