Digital Millennium Copyright Act (DMCA) and Copyright Policy
In 1998 U.S. Congress passed the Digital Millennium Copyright Act in order to address digital copyright infringements.
Below you will find information with respect to procedures and policies about copyright infringement that apply to Cheapnews.
Your copyright is important to us, and we will do what is required to protect your copyrights under the DMCA.
Who can submit a DMCA Notice?
The DMCA only allows the copyright holder or a legally authorized agent of the copyright holder to legally submit DMCA Notices. If you are neither the copyright holder, nor the authorized agent thereof, and you have information on what you believe to be a copyrighted work found on our service, please direct your findings to the copyright holder. Legally, under the DMCA, only the copyright holder can identify their property and affirm under the penalty of perjury that it should be taken down.
What information do we need in a DMCA Notice?
A properly formatted DMCA Notice will adhere to the guidelines and principals established by the DMCA itself. The required elements of a DMCA Notice are:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please also mention the entity name, full name, physical address, email address and telephone number of the person or entity submitting the DMCA Notice where the authorized individual can be contacted.
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 the service provider to locate the material. A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our service by providing Message-IDs for all claims the DMCA Notice is requesting a take down.
4. Information reasonably sufficient to permit the service provider 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 clearly stated relationship to the copyright holder (or authorized agent).
5. A statement that ‘the information in the notification is accurate’, and under penalty of perjury, that ‘you are the copyright holder, or authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed’.
6. A statement that you have a ‘good faith belief that use of the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.’
7. While not legally required by the DMCA, including "copyright violation" in the subject line of your email will flag your DMCA Notice and bypass spam categorization.
8. Submit the Notice to email@example.com
Please find our wel formatted DMCA Notice form example, and use it as a template for generating your own DMCA Notice: view example
We will review and address all DMCA notices that substantially comply with the requirements identified above and send the message id's in the same format we use in our form example (see link above).
If your DMCA notice fails to substantially comply with all of these requirements, we may not be able respond to your DMCA notice.
We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.
Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.
What will we do with a proper Notice?
Once we have proper identification of the infringing material through the Message-IDs, and a well formed DMCA Notice, we will remove all identified infringing material forthwith. We will analyze each article to determine if it was posted by a Cheapnews customer, and if it was so posted we will initiate our "Ban Policy" for that customer. We will reply via email to your Notice informing you that we have disabled the materials you have identified.