Digital Millennium Copyright Act
1. General
- 1.1 Welcome to Guide to the Digital Millennium Copyright Act, commonly known as the “DMCA.” This page is as an overview of the statute, and should not be considered as comprehensive.
- 1.2 If you just want to submit a notice, you can skip to the end.
- 1.3 As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide is not legal advice and should not be taken as such.
2. What Is the DMCA?
- 2.1 DMCA attempted to fix this the problem of infringement by creating a so-called copyright liability “safe harbor” for internet service providers hosting allegedly infringing user-generated content. Essentially, so long as a service provider follows the DMCA’s notice-and-takedown rules, it will not be liable for copyright infringement. Because of this it is important for NZBReader to maintain its DMCA safe-harbor status.
- 2.4 NZBReader is fully compliant and cooperative following the guidelines dictated in the DMCA.
3. DMCA Notices
- 3.1 The DMCA provides simple, straightforward procedure that all NZBReader users should know about:
- 3.1.1 a takedown-notice procedure for copyright holders to request that content be removed; and
- 3.2 DMCA takedown notices are used by copyright owners to ask NZBReader to take down infringing content. If someone else is using your copyrighted content in an unauthorized manner on NZBReader, you can send us a DMCA takedown notice to request that the infringing content be changed or removed.
4. How It Works
- 4.1 The copyright owner gives NZBReader a complaint about a certain infringement.
- 4.2 These are the basic steps of the process:
- 4.2.1. Copyright Owner Investigates. A copyright owner should always conduct an initial investigation to confirm both (a) that they own the copyright to an original work and (b) that the content on NZBReader is unauthorized and infringing.
- 4.2.2. Copyright Owner Sends A Notice. After investigating, a copyright owner prepares and sends a takedown notice to NZBReader. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the how-to guide), we will post the notice to our public repository and pass the link along to the affected user.
- 4.2.3. NZBReader Disables Access to the Content.
- 4.3 We take matters of copyright seriously. The DMCA is designed to only allow the copyright holder or agent to submit DMCA notices. By law, any suspicion of copyright infringement must be submitted by the copyright holder.
- 4.4 If you find any work on NZBReader or its related services that may infringe on any copyright and you are NOT an agent for an entity nor the individual that possesses the copyright, please forward the information to the appropriate copyright holder.
- 4.5 Only an entity or person(s) who are in possession of the copyright that submit a DMCA Notice will be responded to by NZBReader.
5. Format of the DMCA Notice to be accepted
- 5.1 Verifiable identification and a defined stated relationship of and to the person or the entity that submits the DMCA Notice is required.
- 5.2 Include the Message-ID's for Articles that the DMCA Notice addresses that is desired for Newsdemon.com to take down.
- 5.3 A clear statement, under penalty of law, that the information in the DMCA Notice is both accurate and that you are an authorized agent of an entity or the person who holds the copyright, including either a physical or electronic signature of the authorized agent of an entity or the person is also required.
- 5.4 The signature must contain the name and physical address of the authorized agent of the entity or the person(s) that can be contacted should the DMCA Notice be contested.
- 5.5 Submit your notice to the current email on file in the Directory of Service Provider Agents page.
- 5.6 Once any DMCA Notice that follows the above guidelines are received by NZBReader, we will act accordingly to remove all infringing works as quickly as possible.
- 5.7 NZBReader will then respond to the DMCA Notice via email once our investigation and action on the matter has been resolved.
6. Submitting Notices
- 6.1 If you are ready to submit a notice:
Submit a DMCA Notice