Denver Open Media DMCA Policy
In order to avoid a strike against their membership account, members who receive a copyright infringement claim must delete the content within 4 hours of the time this notice is sent. If no action is taken, Denver Open Media will remove the content administratively and register a strike against the associated account. Repeat incidents of copyright infringement will result in the deletion of the membership account and all videos uploaded to that account. In order to avoid future strikes against an account, members must delete the content in question and any other videos to which they do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others.
Members who wish to challenge the infringement claim have 72 hours to submit a counter-notice and have the content reinstated on the Denver Open Media website. The notice must be written communication, electronic or otherwise, that includes substantially the following (please see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The member's legal name, address, and telephone number, and a statement that the member consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Open Media Foundation
700 Kalamath St.
Denver, CO 80204
If such notice is received, the content will be reinstated, and any strike against your account will be removed unless/until the infringement claim is upheld by an independent third party court or arbiter with legal jurisdiction over the claim. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Denver Open Media and its parent organization, the Open Media Foundation, do not create or claim ownership of the content submitted to denveropenmedia.org, a Public Access TV website. All content is submitted by the community, and in doing so, each member affirms they are not breaking any copyright laws in the process of submitting content.
In accordance with the Digital Millennium Copyright Act of 1998, The Open Media Foundation must comply with copyright infringement claims, as well as challenges to such claims. Our policy allows members 4 hours to prevent initial removal of the content, and 72 hours to reinstate content with the receipt of a written challenge of the copyright claim.
The Open Media Foundation hereby sends due notice to both the claimant and the member/contributor of the content in question. If a challenge is received following the guidelines posted above, the Open Media Foundation and Denver Open Media will reinstate the content and provide any claimants with the contact information and a complete copy of the member's response.
In such a case, any further action would be between the two parties directly, and will not involve Denver Open Media.
For more information on the copyright laws as they apply in this case, please review the DMCA at www.copyright.gov/legislation/dmca.pdf