What is a DMCA?
In accordance with United States copyright law, a DMCA filing (Digital Millennium Copyright Act) is a way to report criminal infringement or production of copyrighted works, more commonly known as Digital Rights Management (DRM). The DMCA limits liability of providers of online services and intermediaries for copyright infringement by their users. For more specific information on what is covered under the DMCA, please review US Code Section 512 (Limitations on liability relating to material online) for more information.
What Information Constitutes a Copyright Complaint?
To make a copyright infringement claim for purposes of Title 17, Section 512, of the United States Code, a notification must meet the following requirements in order to be effective and properly acknowledged:
A physical or electronic signature of a person (Complaining Party) authorized to act on behalf of the owner of an exclusive right that is claimed to be infringed;
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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A statement that the Complaining Party 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;
A statement 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.
Do Photographs Count as Copyrighted Work?
In general, photographers are considered to be copyright owners to any photographs taken and NOT the subject of the photo. If the subject of the photo did not authorize use of the material this falls under unauthorized use of name/and or personal information which differs from a DMCA complaint.
What Information Constitutes an Unauthorized Use Complaint?
A physical or electronic signature of a person (Complaining Party) authorized to act on behalf of the offended party whose personal material has been used in an unauthorized manner;
Identification of the unauthorized use being claimed, or if multiple instances of unauthorized use at a single online site are covered by a single notification, a representative list of such use at that site;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of personal material in the manner complained of is not authorized by the Complaining Party;
A statement 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 offended party whose personal material has been used in an unauthorized manner;
If you are unsure about what information constitutes a copyright infringement we advise consulting an attorney and reviewing the information located here: Copyright Law of the United States
How Do You Submit a DMCA or Unauthorized Use Report?
To submit a report to our team, please notify our Designated Agent by postal mail or delivery courier at the following address:
WebGo
DA: Abuse Division Manager
Attn: Legal Reports
PO BOX 4035
Burrill Lake NSW, 2539
Australia
What Steps Will WebGo Take Once Notified?
Expeditiously remove or disable access to the material that is claimed to be infringing.
Take reasonable steps to notify the alleged infringer (Subscriber) of the infringement claim(s), and that the material claimed to be infringing has either been removed or disabled.
How Can I Submit a Counter Notification?
The Subscriber party, upon receipt of notice from WebGo that a claim of unauthorized use has been made and that the personal material on said Subscriber’s account has been removed or that access to it has been disabled, the Subscriber party may provide a Counter Notification by providing the information below:
A physical or electronic signature of the Subscriber;
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;
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 misidentifying of the material to be removed or disabled;
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 Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which WebGo may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
What Will WebGo Do Once a Counter Notification is Received?
Promptly provide the Complaining Party with a copy of the Counter Notification.
Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice.
Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided the Abuse Division of WebGo.com has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on WebGo's network or system.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the WebGo relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
