Digital Millennium Copyright Act Policy & Information
The information contained on this page constitutes information and is absolutely not legal advice. The reader assumes all responsibility for any and all use of this information. Please consult an attorney for specific questions. This page may be updated periodically.
Introduction
This policy is intended to implement the procedures described in the Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of this website to respect the legitimate rights of copyrights owners, their agents and representatives. Users of any part of this website are required to respect the legal protections provided by applicable copyright law.
Designated Agent
Notification of alleged infringement should be sent to our designated agent, the contact information for that designated agent is on this page. Upon receipt of notification of claimed infringement, we will follow the procedures outlined on this page and in the DCMA. Complaints made to our designated agent will be communicated to the appropriate Web content manager on our website.
Notice and Takedown Procedure
We abide by all applicable copyright laws and it is expected that all users of any part of this website will comply with applicable copyright laws. However, if this website is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. This website will comply with the appropriate provisions of the DMCA in the event a counter notification is received by our designated agent.
General Overview
Product posts and contents on this website are submitted by Third-Party collectors, fans, independent publishers and from the public domain. While we do our best to monitor listings and submissions, mistakes, oversights or misunderstandings happen.
With that in mind, if you find infringing copies of your work on a website, you may notify the website with a DMCA takedown notice OR “Ask Nicely First”, as described in this document which is generally the best route as we do our best to work with genuine concerns and take all inquiries or notifications very seriously.
The DMCA (Digital Millennium Copyright Act) sets out a process for copyright holders to send an official notice requesting the service provider remove the infringing material. In order to stay within the DMCA’s “safe harbor,” service providers must remove or block access to the infringing works expeditiously so they cannot be sued for infringement.
And yes, we DO remove infringing content that has been identified by the actual copyright holders, whether you choose to submit a takedown notice or “Ask Nicely First”, with clear guidance and information about WHO you are and WHAT your concern is and HOW or WHY we should remove WHAT content.
Before You Start
Tell the Truth. The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability — that is, you could get sued for money damages. The DMCA itself provides for damages against any person who knowingly materially misrepresents that material or activity is infringing.
Investigate. A great many users and organizations pour their hearts and souls into the works they create and contribute and share Filing a DMCA complaint against such a work is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown to make sure that the use isn’t actually permissible, “fair use” for research purposes or in the public domain or is exempt from complaint for some other reason.
Ask Nicely First. A great first step before sending us a takedown notice is to contact us directly. Simply tell us what post or product is of concern to you, and we’ll investigate and take appropriate action if it’s a valid claim. This is not strictly required, but it is classy, and can be just as effective as a takedown notice without the hassle.
Send In The Correct Request. We can only accept DMCA takedown notices for works that are protected by copyright, and that identify a specific copyrightable work and follows the format of a DMCA takedown notice exactly.
Why 2 Options?
Our goal is to support our community and provide a safe, trusted environment for collectors, fans and researchers to share and preserve content of cultural value. Intellectual Property “squatters” and other similar weasels who don’t understand or appreciate that fans and collectors help keep culture alive, are really the lowest of the low. We believe in and support creators, and we also believe that without fans, most creative works go unappreciated. We also sadly lament that creative works of significant cultural value are disappearing at an alarming rate, simply because of the morass of “legal” bureaucracy and convoluted rights claims that generally cause more damage, financially and culturally, than they solve.
Unfortunately we live in a world where lawyers, investment groups and similar unsavory ilk create more cultural pollution and devastating cultural impact and destruction than a contingent of book burners, coven of witches, religious zealots, morons, fascists or any other wet blanket that enjoys taking candy from babies – everybody knows this and these low sub-human creatures likely even know it themselves but they’re either so vile or so self-loathing they just don’t care. If you’re that type, you might want to choose the DMCA option, just make sure your claim is valid.
But if you’re a reasonable person or entity and you have a reasonable belief that some particular, identifiable content on this website is your copyrighted work, and your copyright is actually active and has not reverted into either the public domain or some other licensing sinkhole then please simply reach out to us and tell us. If everything checks out, we’ll remove that content posthaste. We’re not here to infringe on any creator’s copyright or be difficult, and neither are you. Just as intelligent people strive to eliminate pollution from the environment, anything that helps to eliminate the garbage generated by lawyers, con-artists and IP squatters is a very good thing.
All that said, clearly and quite obviously we do not support bad behavior or engage in copyright infringement or piracy or unlawful distribution of ANY kind. We’re simply stating that there are an awful lot of swindlers, false claimants and “other types” online who don’t operate in good faith or even legally for that matter and therefore we favor civility over anonymous spam and scam schemes.
If you submit a DMCA takedown notice, we’ll take it seriously and take appropriate action if it’s valid but given the number of impostors, rackets, fake agents, creepy foreign schemes and scallywags online, quite frankly, an honest, friendly and “human” interaction with us will frequently be just as effective and also subject you to much less scrutiny and potential liability as well. Hence, the “Ask Nicely First” option is available to those of you who have a genuine concern, have a true claim and would like us to remove or modify something and do not require us to determine whether you’re an asshole or not before we take action.
There is another key difference between the 2 procedures. A DMCA Notice may result in a DMCA Counter Notice. When you submit a DMCA Notice, we will also contact the contributor of the intellectual property and they will have the opportunity to submit a DMCA Counter Notice. This could mean that removed content is restored upon receipt of a DMCA Counter Notice.
In the event you choose the Ask Nicely First option, we will conduct our own investigation internally and there will be no opportunity for the contributor of the intellectual property to respond. This option may involve more questions from us initially but is generally much more streamlined and zero chance of your claim being counter claimed.
Seems reasonable? We try to be, and we ask that you do too.
1. Ask Nicely First
Please contact us via email at the address below, tell us who you are and direct us to the listing or content which you’re concerned about. This means you MUST include the URL of the content in your email.
Tell us why you believe that the content you’re concerned about is your intellectual property or creative work and give us some background or particular information that we can use to investigate the matter on your behalf. In short, please tell or show us how we can ascertain you’re the author of first publication etc. Tell us what result you expect or prefer as the result.
We will respond with our position or conclusion and we may also have some additional questions or concerns to share with you. Please be aware that we’ll work with you attentively and in good faith to resolve the matter to your satisfaction but please keep in mind that every situation is unique and some matters aren’t always simple. We may have had something represented to us by another party or have contrary information to your claim. Regardless, we’ll work together with you to resolve the matter and keep everything as open, friendly and as streamlined as possible.
Please note we are using a Gmail address to increase Inbox visibility. If you do not see a response from us, please be sure to check your spam folders etc.
2. DMCA Notice Requirements
To report infringement to our designated agent, please send a notice of infringement via email to the email address below which must include all of the following information:
A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name
Identification in sufficient detail of the work allegedly infringed upon identification of the allegedly infringing material on this website including the specific URL location of the material so that we can find it.
For listings, please provide our website’s listing URL to each item you allege is infringing. This URL is essential and you MUST provide it. If you don’t provide the URL, we will respond with an email asking you for it, so please just include it.
The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address.
A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law.
A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to us. Fraudulent or abusive notices or other misuse of our Intellectual Property Policy may result in account termination or other legal consequences.
Please note we are using a Gmail address to increase Inbox visibility. If you do not see a response from us, please be sure to check your spam folders etc.
3. DMCA Counter Notice Requirements
To submit a counter notification for US-based copyright infringement reports to our designated agent, please respond to the email of copyright infringement notice and takedown that we sent to you.
Please include the following:
If you have a good faith belief that material removed or disabled as a result of a notification of copyright infringement to our involved a misidentification or mistake in your counter notification.
A counter notice must include all of the following information:
Your signature, which may be provided electronically by typing your name.
Identification of the material that has been removed or to which access has been disabled. For listings, please provide the listing URL to each item before it was removed or disabled.
A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided the original notification or an agent of such person.
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice to us. Fraudulent or abusive counter notices or other misuse of our Intellectual Property Policy may result in account termination or other legal consequences.