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wiki:policies:copyright [2022/05/10 14:38] 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, |
- | ---- | + | ==== |
- | + | ||
- | ==== 1.Submit a Takedown Notice | + | |
- | + | ||
- | As stated earlier, 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. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, | + | |
- | - **Signature: | + | If you believe any materials accessible |
- | - Signatures may be electronic | + | |
- | - **Copyrighted Work(s):** The copyrighted work claimed to be infringed. | + | |
- | - **Infringing Material(s): | + | |
- | - **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."// | + | |
- | - **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 | + | - 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 | ||
+ | - 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: | ||
+ | <WRAP left round info 100%> | ||
+ | Be sure to describe the original work(s), as well as the infringing material(s), | ||
</ | </ | ||
- | ---- | ||
- | ==== 2. Submit a Counter-Notice ==== | + | Our designated copyright agent to receive DMCA Notices is: |
- | 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. | + | > Kevin Kallmes |
+ | > CEO, Nested Knowledge | ||
+ | > 1430 Avon St. N Saint Paul, MN 55117 | ||
+ | > 507-271-7051 | ||
+ | > kevin.kallmes@nested-knowledge.com | ||
- | Upon receipt of a counter-notification, | ||
+ | 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' | ||
- | === Counter-Notice Requirements === | + | ---- |
- | A DMCA counter notice must contain: | + | 2. Submitting a Counter Notice |
- | - **Signature: | + | If you believe that material you posted |
- | - 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 | + | |
- | - **Jurisdiction: | + | |
+ | - Signature: Your physical or electronic signature. | ||
+ | - Removed/ | ||
+ | - Contact: Adequate contact information, | ||
+ | - 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. | ||
+ | - Jurisdiction: | ||
- | ---- | + | Our designated copyright agent to receive DMCA Counter |
- | + | ||
- | + | ||
- | ====4. Contact Information: | + | |
- | + | ||
- | === Designated Agent === | + | |
- | + | ||
- | Please send notification of alleged copyright infringement, | + | |
> 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 |
- | ---- | ||
- | ==== Resolution ==== | + | 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. |
- | Nested Knowledge will review your submission and take whatever action we deem appropriate under the DMCA, including | + | 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 |
- | + | ||
- | 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 | + | |
+ | ==== Resolution | ||
- | At our discretion, | + | Nested Knowledge |
+ | 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, | ||
+ | ---- | ||
- | ---- | + | ==== Repeat Infringers ==== |
+ | It is our policy, in appropriate circumstances, | ||
+ | |||
==== Other Disputes ==== | ==== Other Disputes ==== | ||
- | 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 ===== | ||
- | |||
- | ^Author^Date of Revision/ | ||
- | |K. Cowie|05/ | ||
- | |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 | | ||