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wiki:policies:copyright [2023/09/14 19:33] 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. DMCA 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. 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, | + | 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 alleged infringement to the designated agent, a representative at Nested Knowledge. Upon receipt of notification, |
+ | |||
+ | ==== Reporting Claims of Copyright Infringement ==== | ||
- | ==== 1.Submit a Takedown Notice ==== | + | 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: |
- | As stated earlier, Nested Knowledge and its Affiliated Organizations respect the intellectual property | + | - Signature: Your physical or electronic signature. |
+ | - Copyrighted Work(s): Identification | ||
+ | - Infringing Material(s): | ||
+ | - Contact: Adequate contact information, including | ||
+ | - 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 | ||
+ | - Authorization: A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. | ||
- | - **Signature: | + | < |
- | - Signatures may be electronic or physical. | + | Be sure to describe the original work(s), as well as the infringing material(s), |
- | - **Copyrighted Work(s): | + | |
- | - **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: | + | |
- | - //"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."// | + | |
</ | </ | ||
- | ---- | ||
- | ==== 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, | ||
- | === Counter-Notice | + | 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' | ||
- | A DMCA counter notice must contain: | + | ---- |
- | - **Signature: | + | 2. Submitting |
- | - 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: | + | |
- | —- | + | |
- | ==== 4. Contact Information: | + | If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, |
- | === Designated Agent === | + | - 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: | ||
- | Please send notification of alleged copyright infringement, | + | Our designated |
- | > Kevin Kallmes | + | > Kevin Kallmes |
+ | > CEO, Nested Knowledge | ||
+ | > 1430 Avon St. N Saint Paul, MN 55117 | ||
+ | > 507-271-7051 | ||
+ | > kevin.kallmes@nested-knowledge.com | ||
- | ---- | ||
- | ==== Resolution ==== | + | The DMCA allows us to restore |
- | + | ||
- | Nested Knowledge will review your submission and take whatever action we deem appropriate under the DMCA, including removal of the challenged | + | |
- | If, for any reason, | + | Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled |
---- | ---- | ||
- | ==== 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. | + | 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/ | + | ==== Revision |
- | |K. Cowie|05/ | + | |
- | |K. Kallmes|05/ | + | |
- | [[: | + | |**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 | | ||