Changes: DMCA takedown notice

Revision as of 20:05, 2 December 2019

Fandom (parent company: Fandom, Inc.) is a vast network of many different fans and communities, all based around documenting information about the subjects that they love. In most cases, the material our users upload is wholly original content that they directly create. Sometimes, a community may include material not directly created by our users. In order for this content to adhere to our Terms of Use, this kind of material must not violate the intellectual property rights of any third party. That generally means the only non-original material permitted on Fandom is used with permission, under a Creative Commons (or similar) license, is in the public domain, or is being used in a way likely to qualify as fair use under U.S. law.

If material is being used without permission or in a way that allegedly violates the rights of copyright holders, Fandom, Inc. follows the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA).

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) is a U.S. federal law designed to address copyright concerns in the internet context. Among other provisions, the DMCA sets up a system for copyright owners to report infringements directly to the hosting platform that the infringement appears on. If a host or Internet Service Provider (ISP) receives a valid DMCA Takedown Notice and they act to remove the infringing content, they qualify for a safe harbor protecting them from liability for the actions of their users.

Please note that Fandom, Inc. is not in a position to provide legal advice. If you have questions, you should speak to an attorney.

DMCA Process

Sending DMCA Takedown Notices

If you believe your copyrighted content is being used on Fandom in a manner that violates your rights, you may send a DMCA takedown notice. A takedown notice requires the following information from you or your designated representative:

Your name, address, phone number, and email address;
Your physical or electronic signature (depending on your method of sending);
Information about and/or a link(s) to your copyrighted work that is allegedly being infringed;
A link(s) to the allegedly infringing work on Fandom;
A statement saying that you have a good faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law;
A statement that the information contained within the notice is accurate;
A statement that you swear, under penalty of perjury, that you are the copyright holder or that you are authorized to act on the copyright holder's behalf.

We recommend that you use our DMCA request form to send a takedown notice. This will allow you to fill in your information and instantly send it to Fandom, Inc. Remember to select "I have a copyright or trademark issue" in the dropdown "Please choose the category that best fits your issue".

If you are emailing the notice directly, you may send it to copyright@fandom.com. If you are mailing a physical copy, please address the notice to:

Attn: Copyright Agent

Fandom, Inc.

130 Sutter Street

Fandom, 4th Floor

San Francisco, California 94104

United States

The information you provide in a takedown notice will be shared with other parties, including the administrators of the wiki, the user who uploaded the allegedly infringing content, and the Lumen database.

Upon receipt of a valid takedown notice with all the required elements, Fandom, Inc. will remove the allegedly infringing content. The community where the content was deleted will be notified, via edit and/or deletion summaries (when available), why the content has been deleted. The summary will also include a link to this page, informing them of their rights to file a counter-notice.

It is the responsibility of copyright holders or their designated representative to send a full and complete takedown notice. Fandom, Inc. cannot help you with this process, so it is recommended that you talk to legal counsel if you have questions about or need assistance with filing a notice. Incomplete and/or invalid notices will not be accepted.

If a particular user account uploads content that accrues three (3) separate DMCA takedown notices, Fandom, Inc. reserves the right to disable the account, at our discretion, under our repeat infringer policy. Takedown notices for which content has been restored in response to a successful counter-notification do not count as strikes for the purposes of the repeat infringer policy.

Sending a Counter-Notice

If a community believes that they have the right to use the deleted content or that the takedown notice was filed in error, they can file a counter-notice.

A valid and complete counter-notice from you or from your designated agent must have the following required elements:

Your name, address, and phone number;
Your physical or electronic signature (depending on your method of sending);
The following statement: "Under penalty of perjury, I have a good faith belief that the content was removed by mistake or misidentification."
The following statement: "I give my consent to be served a lawsuit in the jurisdiction of my local United States Federal District Court (or any appropriate United States Federal District Court, if I am outside of the United States)."
The following statement: "I consent to accept service of process from the copyright holder and/or their agent who filed the takedown notice."

Valid and complete counter-notices, with the required elements listed above, may be sent to copyright@fandom.com or Fandom, Inc.'s mailing address:

Attn: Copyright Agent

Fandom, Inc.

130 Sutter Street

Fandom, 4th Floor

San Francisco, California 94104

United States

Upon receipt of the counter-notice, Fandom, Inc. will inform the copyright holder of the counter notice. The copyright holder will then have two weeks in which to initiate a lawsuit. If, after two (2) weeks, Fandom, Inc. has received no notice that a lawsuit has been filed, Fandom, Inc. will restore the deleted content.

Fandom, Inc. cannot provide legal advice for counter-notices. As Fandom, Inc. is merely the host for the material, it is protected by the safe harbor provisions of the DMCA. Submission of a counter-notice could lead directly to litigation with the copyright owner, and if you knowingly make a material representation in the counter-notification you may be subject to further liability. Due to the possibility of a lawsuit, you should fully understand the risks before filing a counter-notice.

Further help and feedback

Browse and search other help pages at Help:Contents
Check Fandom Community Central for sources of further help and support
Check Contacting Fandom for how to report any errors or unclear steps in this article

@@ Line 1: / Line 1: @@
+'''Fandom''' (parent company: Fandom, Inc.) is a vast network of many different fans and communities, all based around documenting information about the subjects that they love. In most cases, the material our users upload is wholly original content that they directly create. Sometimes, a community may include material not directly created by our users. In order for this content to adhere to our Terms of Use, this kind of material must not violate the intellectual property rights of any third party. That generally means the only non-original material permitted on Fandom is used with permission, under a Creative Commons (or similar) license, is in the public domain, or is being used in a way likely to qualify as fair use under U.S. law.
-{{tocright}}
-The {{#NewWindowLink:wikipedia:DMCA|Digital Millennium Copyright Act (DMCA)}} is a U.S. federal law designed to address [[Help:Copyright|copyright]] concerns in the internet context. Among other provisions, the DMCA sets up a system for copyright owners to report infringements directly to the hosting platform that the infringement appears on. If a host or Internet Service Provider (ISP) receives a valid DMCA Takedown Notice and they act to remove the infringing content, they qualify for a {{#NewWindowLink:wikipedia:Safe harbor (law)|safe harbor}} protecting them from liability for the actions of their users.
+If material is being used without permission or in a way that allegedly violates the rights of copyright holders, Fandom, Inc. follows the notice and takedown provisions of the [[wikipedia:DMCA|Digital Millennium Copyright Act (DMCA)]].
-==Sending DMCA Takedown Notices==
+== What is the DMCA? ==
-Under the terms of the {{#NewWindowLink:http://community.wikia.com/index.php?title=licensing|CC-BY-SA license}}, you retain the copyright to your contributions to Wikia. If someone is reusing the material without attribution, they might be in violation of that license and infringing your copyright. Only you or your designated agent can send a DMCA Takedown Notice in the event of infringement. Wikia is unable to send one for you or provide legal advice, but there are several {{#NewWindowLink:http://brainz.org/dmca-takedown-101/|online resources}} that {{#NewWindowLink:wikipedia:Wikipedia:Standard_CC-BY-SA_violation_letter#DMCA_takedown_notice|explain}} the {{#NewWindowLink:http://www.chillingeffects.org/dmca512/faq.cgi#QID130|notice and takedown procedure}} requirements of the DMCA.
+The Digital Millennium Copyright Act (DMCA) is a U.S. federal law designed to address [[Help:Copyright|copyright]] concerns in the internet context. Among other provisions, the DMCA sets up a system for copyright owners to report infringements directly to the hosting platform that the infringement appears on. If a host or Internet Service Provider (ISP) receives a valid DMCA Takedown Notice and they act to remove the infringing content, they qualify for a [[wikipedia:Safe harbor (law)|safe harbor]] protecting them from liability for the actions of their users.
+Please note that Fandom, Inc. is not in a position to provide legal advice. If you have questions, you should speak to an attorney.
-It's important to make sure you understand the implications of the sworn statements, and have taken exceptions like {{#NewWindowLink:http://community.wikia.com/index.php?title=User blog:Semanticdrifter/Understanding Fair Use|Fair Use}} into consideration before sending. There are legal and financial repercussions for filing fraudulent DMCA Takedown requests - this is not a tool to be used lightly.
+== DMCA Process ==
-Filing a DMCA Takedown request itself isn't hard to do, but it does require collecting important details - before you file a request, you need to know the following:
+=== Sending DMCA Takedown Notices ===
+If you believe your copyrighted content is being used on Fandom in a manner that violates your rights, you may send a DMCA takedown notice. A takedown notice requires the following information from you or your designated representative:
+# Your name, address, phone number, and email address;
+# Your physical or electronic signature (depending on your method of sending);
+# Information about and/or a link(s) to your copyrighted work that is allegedly being infringed;
+# A link(s) to the allegedly infringing work on Fandom;
+# A statement saying that you have a good faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law;
+# A statement that the information contained within the notice is accurate;
+# A statement that you swear, under penalty of perjury, that you are the copyright holder or that you are authorized to act on the copyright holder's behalf.
+We recommend that you use our [https://fandom.zendesk.com/hc/en-us/requests/new?ticket_form_id=360000940393 DMCA request form] to send a takedown notice. This will allow you to fill in your information and instantly send it to Fandom, Inc. Remember to select "I have a copyright or trademark issue" in the dropdown "Please choose the category that best fits your issue".
+If you are emailing the notice directly, you may send it to copyright@fandom.com. If you are mailing a physical copy, please address the notice to:
-*If you're under 18, you should have your parent or guardian file on your behalf.
+:Attn: Copyright Agent
+:Fandom, Inc.
+:130 Sutter Street
+:Fandom, 4th Floor
+:San Francisco, California 94104
+:United States
+The information you provide in a takedown notice will be shared with other parties, including the administrators of the wiki, the user who uploaded the allegedly infringing content, and the [[wikipedia:Lumen (website)|Lumen]] [https://lumendatabase.org/ database].
-*You'll need to include direct links in your request to specific pieces of content - just providing the two sites' main pages isn't sufficient.
+Upon receipt of a valid takedown notice with all the required elements, Fandom, Inc. will remove the allegedly infringing content. The community where the content was deleted will be notified, via edit and/or deletion summaries (when available), why the content has been deleted. The summary will also include a link to this page, informing them of their rights to file a counter-notice.
-*The Request should be sent to the Designated Agent of the ISP. You can generally locate the Designated Agent in the "Legal" or "Contact" sections of an ISP's website.
+It is the responsibility of copyright holders or their designated representative to send a full and complete takedown notice. Fandom, Inc. cannot help you with this process, so it is recommended that you talk to legal counsel if you have questions about or need assistance with filing a notice. Incomplete and/or invalid notices will not be accepted.
-==DMCA Notices to Wikia==
-As a host for user-generated content, Wikia is obligated to remove any infringing material that we receive notice of. If you feel that your copyright is currently being infringed on Wikia, please contact our designated agent under the Digital Millennium Copyright Act:
+If a particular user account uploads content that accrues three (3) separate DMCA takedown notices, Fandom, Inc. reserves the right to disable the account, at our discretion, under our repeat infringer policy. Takedown notices for which content has been restored in response to a successful counter-notification do not count as strikes for the purposes of the repeat infringer policy.
-::Attn: Copyright Agent
-::Wikia, Inc.
-::500 Third Street
-::Suite 405
-::San Francisco, CA 94107
+=== Sending a Counter-Notice ===
-You may email the designated agent via copyright@wikia.com. Please include "Claim of copyright infringement" in the subject of your email.
+If a community believes that they have the right to use the deleted content or that the takedown notice was filed in error, they can file a counter-notice.
+A valid and complete counter-notice from you or from your designated agent must have the following required elements:
-==See also==
+# Your name, address, and phone number;
-*Learn about [[Help:Image_copyright_tags|Image Copyright Tags]].
+# Your physical or electronic signature (depending on your method of sending);
-*Learn about [[Help:Copyright|Copyright]].
+# The following statement: "Under penalty of perjury, I have a good faith belief that the content was removed by mistake or misidentification."
-*Learn about {{#NewWindowLink:http://community.wikia.com/index.php?title=Community_Central:Licensing|Licensing on&nbsp;Wikia}}.
+# The following statement: "I give my consent to be served a lawsuit in the jurisdiction of my local United States Federal District Court (or any appropriate United States Federal District Court, if I am outside of the United States)."
+# The following statement: "I consent to accept service of process from the copyright holder and/or their agent who filed the takedown notice."
+Valid and complete counter-notices, with the required elements listed above, may be sent to copyright@fandom.com or Fandom, Inc.'s mailing address:
+:Attn: Copyright Agent
+:Fandom, Inc.
+:130 Sutter Street
+:Fandom, 4th Floor
+:San Francisco, California 94104
+:United States
+Upon receipt of the counter-notice, Fandom, Inc. will inform the copyright holder of the counter notice. The copyright holder will then have two weeks in which to initiate a lawsuit. If, after two (2) weeks, Fandom, Inc. has received no notice that a lawsuit has been filed, Fandom, Inc. will restore the deleted content.
+Fandom, Inc. cannot provide legal advice for counter-notices. As Fandom, Inc. is merely the host for the material, it is protected by the safe harbor provisions of the DMCA. Submission of a counter-notice could lead directly to litigation with the copyright owner, and if you knowingly make a material representation in the counter-notification you may be subject to further liability. Due to the possibility of a lawsuit, you should fully understand the risks before filing a counter-notice.
-==Further Help & Feedback==
-{{Help and feedback section}}
+== See also ==
-[[Category:Help|{{PAGENAME}}]]
+* [[homepage:w:Special:DMCARequest|DMCA request form]]
-[[Category:Policy|{{PAGENAME}}]]
+* Learn about [[Help:Image copyright tags|image copyright tags]]
-[[Category:Copyright|{{PAGENAME}}]]
+* Learn about [[Help:Copyright|copyright]]
+* Learn about [[homepage:Licensing|licensing on Fandom]]
+== Further help and feedback ==
+{{Help and feedback section}}[[es:Ayuda:Aviso de Retirada (DMCA)]]
 [[ja:Help:DMCA・テイクダウン・ノーティス]]
+[[pt:Ajuda:Nota de retirada DMCA]]
+[[tr:Yardım:DMCA alındı bildirimi]]
+[[uk:Довідка:Повідомлення про порушення авторських прав DMCA]]
+[[vi:Trợ giúp:Thông báo gỡ xuống DMCA]]
+[[zh:Help:DMCA删除请求通知]]
+[[Category:Help]]
+[[Category:Policy]]
+[[Category:Copyright]]