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DMCA Policy

DMCA Policy

David Caves Silent Witness respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) of 1998, the text of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the David Caves Silent Witness service that are reported to our Designated Copyright Agent identified below.

Filing a DMCA Notice of Infringement

If you are a copyright owner or an agent thereof, and you believe that any content hosted on David Caves Silent Witness infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  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.
  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 David Caves Silent Witness to locate the material.
  4. Information reasonably sufficient to permit David Caves Silent Witness 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.
  5. 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.
  6. 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.

Please note that under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Filing a DMCA Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notification containing the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  • Your physical or electronic signature.
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you consent to the jurisdiction of the federal court in [Your State/District - e.g., the State of California, Central District of California] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Please note that under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.

Contact David Caves Silent Witness

To submit a DMCA Notice or Counter-Notification, or for any questions regarding this policy, please use the form available on our Contact Us page.