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DMCA Policy Statement

by merpadmin published Mar 07, 2016 10:10 PM, last modified Mar 07, 2016 10:10 PM
This document covers Merp.Com's policies under the DMCA (Digital Millenium Copyright act). the United States of America, where applicable.

Introduction

It is the policy of Merp.com to respect the legitimate rights of copyright owners, their agents, and representatives. As such, this policy implements the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), to respond to clear notices of alleged copyright infringement about information, materials, or hyperlinks posted on Merp.com. Users and subscribers of Merp.com who have the ability to post on Merp.com are required to comply with the legal protections provided under the copyright laws of the United States or other applicable jurisdiction.

 

Designated Agent

Merp.com’s Designated Agent to receive notification of alleged infringement under the DMCA is:

 volunteer name pending ... (pending) ....

 

The information below for "Designated Agent" is pending filing with the US Copyright Office. For now send all issues to the email

address: dmca at merp.com

 

MERP.COM DESIGNATED AGENT

... (pending) .... USA

EMAIL ADDRESS: dmca at merp.com

PHONE NUMBER: ... (pending) ...
FAX NUMBER: .... (pending) ...

Upon receipt of notification of a claimed infringement, Merp.com will follow the procedures outlined herein and in the DMCA. Complaints made to the Designated Agent will be handled as described herein.

 

Complaint Notice Procedures for Copyright Owners

To file a notice of alleged copyright infringement, you must send a written communication to the Designated Agent, including the following, as laid out in 17 U.S.C. § 512(c)(3):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. 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 Merp.com to locate the material.

  4. Information reasonably sufficient to permit Merp.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief, and the reasons for that belief, that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notice 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.

Failure to include all of the above information may result in a delay of the processing of the DMCA notification.

Please also note that under § 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

Notice and Takedown Procedure

It is expected that all users of any part of Merp.com will comply with applicable copyright laws. However, if Merp.com is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Merp.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

 

Counter Notification Procedure

If you believe a takedown pursuant to the notice and takedown procedure described above was improper, you may submit a counter notification to Merp.com. To file a counter notice, you must send a written communication to the Designated Agent, including the following, as laid out in 17 U.S.C. § 512(g)(3):

  1. A physical or electronic signature of the subscriber.

  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 subscriber has a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled.

  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

Repeat Infringers

Please also be advised that under appropriate circumstances, Merp.com may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.

 

Accommodation of Standard Technical Measures

It is Merp.com’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.

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