DMCA
 
 

Under the conditions of the Digital Millennium Copyright Act you may Submit a Take down Request if you find  an image on ALAFOTO.COM for which you are the Author or copyright holder and you would like to remove your works from ALAFOTO.COM website, and we will Endeavour to investigate your request and take appropriate action.

But before you will take some action, let's examine several things. A detailed study completed by U.C. Berkeley shows that approximately 40% of notices are bogus. More specifically, 29% fail to meet the standards of the DMCA, which includes not meeting all of the filing requirements noted below. The other 10% meet the requirements, but are“clearly false”or mistakes.

While there may be any number of reasons someone might knowingly file a fake takedown notice, such as trying to hurt a competitor, more often than not its a deliberate disregard for the terms of fair use. This is common tactic of content owners, whether it be individuals or companies, who want clear the Internet of negative publicity OR just want to destroy competitors' websites or/and their business.

We here on Alafoto know what's DMCA and we know about false notices. We know how looks properly filled complaint. Also we know that under the terms of fair use, it is perfectly okay to use snippets of copyrighted material for commentary, criticism, news reporting, and even parody (like a funny video remix). United States law offers no quantifiable parameters for fair use. And all photos uploaded on Alafoto website are being used for commentary, criticism or news reporting, not for sale. Please keep in mind that.

But if you're really an owner or legal representative of works published on Alafoto and would like these works to be removed from the website, you should fill the Take down Request properly.

Any IMPROPERLY FILLED NOTICE WILL BE IGNORED.

Let's see several components required by the DMCA. Should any of these components not be present, we're within our rights to not act on it. In fact, we shouldn't act on it, because it lacks all of the legally required information.

A Physical or Electronic Signature from the Copyright Owner

Or an authorized representative of the copyright owner. One or the other must be present. More over, the filer must identify themselves as such. Identification as the copyright owner or authorized representative comes at the beginning: “I am the exclusive rights holder,” or “I am the duly authorized representative of the exclusive rights holder.”

Identification of the Infringed Copyrighted Work

The filer of the takedown notice must tell specifically what work has been infringed upon. This can be be in the form of a title or a URL link pointing to a web location where the copyrighted work is being lawfully displayed.

Identification of the Allegedly Infringing Material

The takedown notice filer has identified what the infringed work is. But what about the infringing work? That's the next requirement.

This is usually done by including a URL pointing to the infringing material. Of course, as the online service provider hosting that material, it should be a URL pointing to a website page. Otherwise, it isn't our problem.

Information Reasonably Sufficient to Contact the Complaining Party

In other words, the takedown notice filer must provide a way to contact them.

A  "Good Faith"  Statement

The filer must directly state that they have a "good faith belief"  that the material they're complaining about was not actually authorized by the copyright owner, or agents of the copyright owner: In a nutshell, the filer must state they're being honest to the best of their knowledge.

A Statement of Accuracy Under the Penalty of Perjury

This includes the assertion that the filer is either the actual copyright holder, or a representative of the copyright holder. What this requirement does is force the filer to agree to legal ramifications if the required information can be proven to have been filed in bad faith.

Such ramifications open the filer up to federal prosecution in the United States, not to mention possibly being sued by the actual copyright holder, the person whom the notice was filed against, and even by us, the service provider. In  "fake"  takedown notices, this is the element that we will most often find is missing. That makes sense. It would be foolish for someone who is knowingly filing a fake takedown notice to so blatantly open the door to legal trouble.

Here is the wording must be used in a notice:

Under the penalty of perjury in a United States court of law, I certify that the information contained in this notification is accurate, and that I am authorized to act on behalf of the holder of the exclusive rights to the material in question.

 


To be effective, the notification of your claim of copyright infringement should be written and should include the following:

- A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

- A statement, under penalty of perjury, that the information in the notification is accurate.

- Your signature. (The signature may be electronic.)

- The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)

- Identification of the material that you claim to be infringing and information reasonably sufficient to permit ALAFOTO.COM to locate the material.

- Information reasonably sufficient to permit ALAFOTO.COM to contact you, including your address, telephone number, fax number and an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.

A statement you have 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.

ALAFOTO.COM will respond to properly filled complaints in a timely manner. Should you be the copyright holder of a specific piece of content featured on this site without your permission, ALAFOTO.COM will remove it in a timely manner once notified.

 

For legal, properly filled Take down Request please use email address: legal [at] alafoto.com

Just a reminder: any fake, false or improperly filled notice will be ignored.

 

 

 
 

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