DMCA Policy
DMCA POLICY
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.
The DMCA’s principal innovation in the field of copyright is the exemption from direct and indirect liability of Internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Information Society Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.
Introduction
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 12 U.S.C. (Section 512(c)(3)). (DMCA)Under the notice and takedown procedure, a copyright owner submits a notification under penalty of perjury, including a list of specified elements, to the service provider’s designated agent. Failure to comply substantially with the statutory requirements means that the notification will not be considered in determining the requisite level of knowledge by the service provider. If, upon receiving a proper notification, the service provider promptly removes or blocks access to the material identified in the notification, the provider is exempt from monetary liability.
In addition, the provider is protected from any liability to any person for claims based on its having taken down the material. Edgydesigner.Inc. respects the legal protections provided by applicable copyright law.
Designated Agent
Notification of alleged infringement should be sent to our designated agent. Upon receipt of notification of claimed infringement, we will follow the procedures outlined on this page and in the DCMA.
Complaints made to our designated agent will be communicated to edgydesigner.com Web content manager within the Edgydesigner.
Complaint Notice Procedures for Copyright Owners
- A notice of alleged copyright infringement to the designated agent must include the following.
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly 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 notice, 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 Edgydesigner to locate the material.
- Information is reasonably sufficient to permit the Edgydesigner 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.
- A statement that the complaining party has a good faith belief that the use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
- 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 in the processing or the DCMA notification.
Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)”.
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Edgydesigner Designated Copyright Agent:
Copyright Agent
FINEKIRSSTYN LTD
20-22, Wenlock Road, London, N1 7GU, England
Phone: +44 7380890956
Email: [email protected]
Notice and Takedown Procedure
Edgydesigner will comply with applicable copyright laws. However, if the Edgydesigner is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, we 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. The Edgydesigner will comply with the appropriate provisions of the DMCA in the event a counter notification is received by our designated agent.
Repeat Infringers
Under appropriate circumstances, Edgydesigner may, at our discretion, terminate the authorization of users of our system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is the Edgydesigner policy to accommodate and not interfere with standard technical measures we determine are reasonable under the circumstances, in other words, technical measures that are used by copyright owners to identify or protect copyrighted works.