We require all DMCA notices to be filed via letter. The complaint must include full contact details of the complainant (including postal address and phone number). We will call and verify that the information submitted is correct. Email is not an acceptable medium for legal complaints (unless it is digitally signed by a verified and trusted third party).
In order for us to act on a DMCA notice, the notice must:
- Contain sufficient information;
- Be consistent with the requirements of the DMCA;
- Not be submitted via email without proper authentication; and
- Contain full contact details of the complainant.
If the DMCA notice does not comply with all of the above, we will need you to re-submit your claim using the proper format, details of which are outlined below.
It is our policy to respond promptly to clear notices of alleged copyright infringement. This document describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
To file a DMCA notice with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and solicitors’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact a solicitor.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.www.ignitioncode.com” or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is Intellectual Property: Valuation, Exploitation, and Infringement Damages by Gordon V. Smith, published by Wiley, ISBN #047168323X”).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document or item.
- Provide information reasonably sufficient to permit us to contact you.
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing web page or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the notice.
- Send the written communication to the following address:
Ignition Code
Attn: Abuse Department, DMCA Complaint
Unit 2, Phoenix Park
Coldred Road
Parkwood Industrial Estate
Maidstone
Kent ME15 9XN
Regardless of whether we may be liable for such infringement under local country law, UK law or United States law, we may respond to these DMCA notices by removing or disabling access to material claimed to infringe and/or terminating users accounts at our discretion. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.
We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]
If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]