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wiki:policies:copyright [2022/05/10 14:34] katcow |
wiki:policies:copyright [2023/09/14 19:44] (current) katcow |
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===== I. Purpose ===== | ===== I. Purpose ===== | ||
- | The purpose of this policy is to describe the process for filing copyright | + | The purpose of this policy is to describe the process for filing |
- | === DMCA Safe Harbor === | + | ==== DMCA Safe Harbor |
- | Pursuant to the DMCA [[https:// | + | Pursuant to the DMCA Safe Harbor, Nested Knowledge, a software service provider, will not be liable for copyright infringement |
===== II. Scope ===== | ===== II. Scope ===== | ||
- | This policy applies to anyone who directly, or through an agent, accesses | + | This policy applies to Nested Knowledge software services, |
- | ===== III. DCMA Policy ===== | + | ===== III. DMCA Policy ===== |
+ | 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. | 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 alleged infringement to the designated agent, a representative at Nested Knowledge. Upon receipt of notification, | + | 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, |
- | ---- | + | ==== 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): | ||
+ | - Contact: Adequate contact information, | ||
+ | - 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: | ||
- | 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, | ||
+ | </ | ||
+ | |||
+ | |||
+ | Our designated | ||
> Kevin Kallmes | > Kevin Kallmes | ||
> CEO, Nested Knowledge | > CEO, Nested Knowledge | ||
- | > kevinkallmes@supedit.com | + | > 1430 Avon St. N Saint Paul, MN 55117 |
> 507-271-7051 | > 507-271-7051 | ||
- | > PO Box 65431 Salt Lake City, UT 84165 | + | > kevin.kallmes@nested-knowledge.com |
- | ---- | ||
- | ==== 2. Submit a Takedown | + | If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice |
+ | 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' | ||
- | To air grievances of alleged copyright infringement, | + | ---- |
- | === Takedown | + | 2. Submitting a Counter |
- | A note of alleged | + | If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, |
- | - **Signature:** A signature of the copyright owner or a person authorized to act on behalf the copyright owner. | + | - Signature: |
- | - Signatures may be electronic | + | - Removed/ |
- | - **Copyrighted Work(s): | + | - Contact: |
- | - **Infringing | + | - Good Faith Belief: A statement, under penalty of perjury, by you that you have a good faith belief that the material |
- | - **Contact:** Contact | + | - Jurisdiction: A statement that you will consent to the jurisdiction |
- | - **Good Faith Belief:** | + | |
- | - //"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, | + | |
- | - **Accuracy and Authorization:** | + | |
- | - //"I swear, under penalty of perjury, that the information in this notification is accurate | + | |
- | <WRAP center round important 80%> Be sure to describe the original work(s), as well as the infringing material(s), | + | 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 | + | 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, | + | Please be aware that if you knowingly materially misrepresent |
- | Upon receipt of a counter-notification, | + | ---- |
- | + | ||
- | === Counter-Notice Requirements === | + | |
- | + | ||
- | A DMCA counter notice must contain: | + | |
- | + | ||
- | - **Signature: | + | |
- | - Signatures may be electronic of physical | + | |
- | - **Disabled/ | + | |
- | - **Reasons: **Include the reasons why you believe there was a mistake or misidentification. | + | |
- | - **Contact: | + | |
- | - **Good Faith Belief: | + | |
- | - //"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: | + | |
- | —- | + | |
+ | |||
==== Resolution ==== | ==== Resolution ==== | ||
- | Nested Knowledge | + | Nested Knowledge |
- | + | If, for any reason, the copyright owner (or its authorized agent) and the NK user who has allegedly infringed the materials | |
- | If, for any reason, the two parties | + | ---- |
- | + | ||
- | ---- | + | |
==== Repeat Infringers ==== | ==== 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, |
- | + | ||
- | ---- | + | ==== Other Disputes |
- | + | ||
- | ===== Revision History | + | |
- | + | ||
- | ^Author^Date of Revision/ | + | |
- | |K. Cowie|04/ | + | |
- | |K. Kallmes|05/ | + | |
- | [[: | + | 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 | | ||