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DMCA Takedown Notice Policy

We are devoted to an array of archival and access services in support of the record of human knowledge. All records in The Archive are either in the public domain, have the necessary permissions or copyright information to support the level of access afforded, or are simply archived in such a way as to ensure an enduring copy of the content. Anything not owned by the site manager has copyright owners’ information clearly listed, and records are curated in the spirit of open collaboration for the preservation of online records relevant to digital humanities.

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We make every effort to ensure that the linked records have appropriate rights information to provide access to the online content, as well as ensuring copyright holder information is properly provided for all shared online content from external sources. We aim to keep the entire process of online sharing of records and the copyright of records as transparent and fair as possible. This is because the site managers respect the intellectual property rights and other proprietary rights of others. In appropriate circumstances and at the site managers’ discretion, certain content may be removed or have access disabled if it appears to infringe the copyright or other intellectual property rights of others.

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The Digital Millennium Copyright Act (17 U.S.C. § 512)("DMCA") creates a safe harbor, or a legal exemption, from copyright infringement liability for Internet service providers (ISPs) and other intermediaries, including this site. The law requires that DMCA takedown requests be made by the holder of a valid copyright in the work or by an agent authorized to act on behalf of the owner. Also, the law requires that all requests be made in good faith under penalty of perjury. If you are a copyright holder and you believe that your copyright is being infringed or violated by the sharing of the archival record through this site, you may initiate a formal DMCA takedown process through a DMCA takedown notice. According to 17 U.S.C. § 512(c)(3)(A), upon receipt of a complainant’s takedown notice, this site must respond expeditiously to remove or disable access to the records that are claimed to be infringing or to be the subject of the infringing activity. Failure to do so may lose this site its safe harbor protection and be subject to an infringement suit.

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To initiate a formal DMCA takedown notice for your copyrighted record(s), please provide this site's designated agent, Librarian & Archivist, Briana Christensen at brianachristensen14@gmail.com with the following information listed below. For takedown notices to be legally effective, they must be provided to a service provider's (this site's) designated agent (Briana Christensen) in writing and include substantially the following key information:

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  • The physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted record within the site claimed to have been infringed, or if multiple copyrighted works online through the site are covered by a single notification, a representative list of such works at that site.

  • Identification of the original record that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the site manager to locate the original record (links to the original record online are preferred).

  • Information reasonably sufficient to permit the site manager to contact the complainant, such as a mailing address, phone number, or electronic mail address where the complainant may be contacted.

  • A statement that the complaining party has a good faith belief that the use of the material in the manner of the complaint is not authorized by the copyright owner, the agent, or the law.

  • A statement that the information in the takedown notice is accurate, and under penalty of perjury, that the complainant is the copyright owner or authorized to act on behalf of the rights owner whose rights are allegedly infringed.

 

The site manager will respond to all email correspondence regarding DMCA takedown notices within one business day. If the site manager is not able to determine, within one business day, that the site is permitted to use the record(s) in question, the site manager will cease providing access to the record until or unless it can determine that such uses are permitted.

 

Depending on the determination of the DMCA takedown notice, the site may restrict access to the record(s) in question or remove them from its website. Removing the record(s) in question will result in the site ceasing to provide long-term preservation resources to the digital record(s). 

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Below is a sample DMCA takedown notice claim to copyright that you may use:

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To: Briana Christensen

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My name is [INSERT NAME].

 

A website run by you is infringing at least one copyright owned by me.

 

A [PAPER/VIDEO/PHOTO/ETC.] I [AUTHORED/CREATED/ETC.] was copied onto your website without my permission.

 

My original [RECORD], to which I own the exclusive copyrights, is entitled [NAME OF RECORD] and can be found at: [PROVIDE ORIGINAL URL]

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The unauthorized and infringing copy can be found at: [PROVIDE INFRINGING WEBSITE URLs]

 

This letter is an official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"). I request that you immediately remove the infringing records identified above from your website. I request that you immediately notify the infringer of this notice and tell them to cease any further posting of the infringing material to your website in the future.

 

Please be advised that the law requires you, as a service provider, to "expeditiously remove or disable access to" the infringing material upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

 

I have a good faith belief that the use of the record on your website is not authorized by the copyright owner, its agent, or the law. Furthermore, the information contained in the notification is accurate, and, under penalty of perjury, I certify both that the information contained in the notification is accurate and that I have the authority to act on behalf of the owner of the copyright.

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Sincerely, [YOUR FULL NAME, EMAIL ADDRESS, PHONE NUMBER]

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