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--- wiki:policies:copyright [2022/05/02 17:24]
kevinkallmes
+++ wiki:policies:copyright [2023/09/14 19:44] (current)
katcow
@@ Line 1: / Line 1: @@
-====== DMCA Complaint Policy ======
+====== Copyright Complaint Policy ======
 ===== I. Purpose =====
-The purpose of this policy is to describe the process for filing copyright complaints in accordance with the Digital Millennium Copyright Act (DMCA).
+The purpose of this policy is to describe the process for ﬁling notices of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). 17 U.S.C. § 512, et al.
-=== DMCA Safe Harbor ===
+==== DMCA Safe Harbor ====
-The DMCA, 17 U.S.C. Section 512 provides a [[https://www.law.cornell.edu/uscode/text/17/512|copyright liability safe harbor]] for internet service providers that host user-generated content. This permits service providers to share user-generated content, without attaining the costs and risks of copyright infringement, so long as the service provider abides by the DMCA procedures for removing (and re-enabling access to) allegedly infringing material.
+Pursuant to the DMCA Safe Harbor, Nested Knowledge, a software service provider, will not be liable for copyright infringement of materials generated and distributed by users on Nested Knowledge platforms. Copyright owners (and/or their authorized agents) and Nested Knowledge users may submit notices of copyright infringement if they believe the Nested Knowledge software is being used to host or distribute infringed copyrighted material.
-Nested Knowledge, a software service provider, will not be liable for copyright infringement for materials generated and distributed by users on Nested Knowledge platforms. Nested Knowledge users may submit complaints of copyright infringement if they believe the Nested Knowledge software is being used to host or distribute infringed copyrighted material.
 ===== II. Scope =====
-This policy applies to anyone who directly, or through an agent, accesses Nested Knowledge software services, which includes "AutoLit", "Synthesis," [[https://wiki.nested-knowledge.com/doku.php?id=start|Wiki Documentation]], as well as any subsequent software developed by Nested Knowledge that may be used to host user-generated materials.
+This policy applies to Nested Knowledge software services, including “AutoLit”, “Synthesis,” and Wiki Documentation, as well as any subsequent software developed by Nested Knowledge that may be used to host user-generated materials (“Affiliated Organizations”).
-===== III. DCMA Policy =====
+===== III. DMCA Policy =====
-Nested Knowledge Users are required to respect the rights of copyright owners and their agents. Use of copyrighted materials must abide by fair use.
+We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.
+Nested Knowledge and its Affiliated Organizations respect the intellectual property of others, and we ask our content partners and those posting to this site to do the same.
+Nested Knowledge Users are required to respect the rights of copyright owners and their agents.
-Copyright owners, or agents thereof, must send a notice of alledged infringement to the designated agent, a representative at Nested Knowledge. Upon receipt of notification, Nested Knowledge will act quickly to remove or disable access to the infringing materials. After removal, the user alledged to be infringing, may send a counter-notice describing their fair use of the original work or refuting the claim of infringement.
+Copyright owners, or agents thereof, must send a notice of alleged infringement to the designated agent, a representative at Nested Knowledge. Upon receipt of notiﬁcation, Nested Knowledge will act quickly to remove or disable access to the infringing materials. After removal or disabling of access, the user alleged to be infringing, may send a counter notice that the removal or disabling of access due to a mistake or misidentification.
-----
+====  Reporting Claims of Copyright Infringement ====
-==== 1.Contact Information: Where to Send Copyright Notices ====
+If you believe any materials accessible on or from this website (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent. In accordance with DMCA, the written notice must include substantially the following:
-=== Designated Agent ===
+  - Signature: Your physical or electronic signature.
+  - Copyrighted Work(s): Identification of the copyrighted work you believe to have been infringed, or if the claim involves multiple works on the Website, a representative list of such works.
+  - Infringing Material(s): Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate the material.
+  - Contact: Adequate contact information, including your name, postal address, telephone number, and, if available, email address.
+  - Good Faith Belief: A statement you have a good faith belief that use of the copyrighted material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
+  - Accuracy: A statement that the information in the notice is accurate.
+  - Authorization: A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
-Please send notification of alleged copyright infringement, as well as counter-noticces, to our designated agent via email:
+<WRAP left round info 100%>
+Be sure to describe the original work(s), as well as the infringing material(s), in text, if possible. Include plain text URLs, rather than attachments. Nested Knowledge will not open attachments, except under special circumstances.
+</WRAP>
+Our designated copyright agent to receive DMCA Notices is:
 > Kevin Kallmes
 > CEO, Nested Knowledge
-> kevinkallmes@supedit.com
+> 1430 Avon St. N Saint Paul, MN 55117
 > 507-271-7051
-> PO Box 65431 Salt Lake City, UT 84165
+> kevin.kallmes@nested-knowledge.com
-----
-==== 2. Submit a Takedown Notice ====
+If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
+Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
-To air grievances of alleged copyright infringement, user must submit a DCMA Takedown Notice.
+ ----
-=== Takedown Notice Requirements ===
+. Submitting a Counter Notice
-A note of alleged copyright infringement must contain:
+If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:
-  - **Signature:**  A signature of the copyright owner or a person authorized to act on behalf the copyright owner.
+  - Signature: Your physical or electronic signature.
-      - Signatures may be electronic or physical
+  - Removed/Disabled Material(s): identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
-  - **Copyrighted Work(s):**  The copyrighted work claimed to be infringed.
+  - Contact: Adequate contact information, including your name, postal address, phone number, and, if available, email address.
-  - **Infringing Material(s):**The material hosted on Nested Knowledge software that is claimed to infringe on copyrighted material(s) of the copyright owner.
+  - Good Faith Belief: A statement, under penalty of perjury, by you that you have a good faith belief that the material identified above was removed or diabled as a result of a mistake or misidentification of the material to be removed or disabled.
-  - **Contact:**  Contact information, such as email address and phone number.
+  - Jurisdiction: A statement that you will consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or if you reside outside of the United States, for any judicial district in which the Website may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue.
-  - **Good Faith Belief:**  A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law. Include the statement,
-      - //"I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."//
-  - **Accuracy and Authorization:**  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 copyright owner. Include the statement,
-      - //"I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."//
-  -
-<WRAP center round important 80%> Be sure to describe the original work(s), as well as the infringing material(s), in text, if possible. Include plain text URLs, rather than attachments. Nested Knowledge will not open attachments, except under special circumstances.
+Our designated copyright agent to receive DMCA Counter Notices is:
-</WRAP>
+> Kevin Kallmes
+> CEO, Nested Knowledge
+> 1430 Avon St. N Saint Paul, MN 55117
+> 507-271-7051
+> kevin.kallmes@nested-knowledge.com
-----
-==== 3. Submit a Counter-Notice ====
+The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
-After removing materials for alleged copyright infringement, the infringing party has the opportunity to refute the complaint. The infringing party may send a counter-notice with proof that the material is not violating copyright, or proof that they have fair use to use the copyrighted work.
+Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]
-Upon receipt of a counter-notification, Nested Knowledge will replace or cease disabling access to the removed materials within 10-14 business days (unless the designated agent learns of a court order against the infringing activity). Nested Knowledge will inform the person who sent the original notification that the removed material will be made available again in 10 business days.
+----
-=== Counter-Notice Requirements ===
-A DMCA counter notice must contain:
-  - **Signature:**  A signature of the copyright owner or a person authorized to act on behalf the copyright owner.
-      - Signatures may be electronic of physical
-  - **Disabled/Removed Material(s):**The material hosted on Nested Knowledge software that was claimed to be infringing and was removed or disabled.
-  - **Reasons: **Include the reasons why you believe there was a mistake or misidentification.
-  - **Contact:**  Contact information, including legal name, email address, address, and phone number.
-  - **Good Faith Belief:**  A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law. Include the statement,
-      - //"I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."//—-
-  - **Jurisdiction:**  A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection ©(1)(C) or an agent of such person.
-—-
 ==== Resolution ====
-Nested Knowledge is not responsible for judging the merits of the notice of infringement or counter-notifications. Nested Knowledge will remove materials or re-upload materials based on whether the respective notice meets the minimum criteria outlined above.
+Nested Knowledge will review your Notice or Counter Notice and take whatever action we deem appropriate under the DMCA, including removal of the challenged content from the Website.
+If, for any reason, the copyright owner (or its authorized agent) and the NK user who has allegedly infringed the materials cannot come to a resolution, Nested Knowledge may put the two parties in contact to enable negotiation regarding how to treat the potentially infringing materials.
-If, for any reason, the two parties cannot come to a resolution by the rebuttal process, Nested Knowledge will put the two parties in contact to enable negotiation regarding how to treat the potentially infringing materials. Nested Knowledge may keep the potentially infringing materials up until such negotiations are complete and agreed to by both parties.
+ ----
-----
 ==== Repeat Infringers ====
-At our discretion, Nested Knowledge may ban or restrict users who are repeat infringers from accessing Nested Knowledge software.
+It is our policy, in appropriate circumstances, to disable or terminate the accounts of users who are repeat infringers. At our discretion, Nested Knowledge may ban or restrict users who are repeat infringers from accessing Nested Knowledge software.
-----
+==== Other Disputes ====
-===== Revision History =====
-^Author^Date of Revision/Review^Comments|
-|K. Cowie|04/29/2022|Drafted|
-|K. Kallmes|05/02/2022|Draft approved|
-[[:wiki:policies|Return to Policies]]
+Disputes regarding ownership of trademarks are not governed by DMCA. These disputes must be resolved by the parties involved. Nested Knowledge will never act as arbitrators or intermediaries in these disputes and will not take any action without the appropriate legal orders.
+==== Revision History ====
+|**Name**| **Date** | **Status** |
+|K. Cowie | 09/14/2023 | Revised under legal guidance |
+|K. Kallmes | 05/10/2022 | Revision Approved |
+|K. Cowie | 05/10/2022 | Revision Drafted |

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