Paperblog DMCA Policy
Paperblog Digital Millennium Copyright Act (DMCA) Policy
It is the policy of Paperblog to respond to clear notices of alleged copyright infringement. This Paperblog DMCA Policy describes how you must notify Paperblog of any alleged copyright
infringement to help us comply with the United States Digital Millennium Copyright Act (the text of which can be found at http://www.copyright.gov) and to help us to ensure that the Paperblog Service does not disseminate works that infringe on the rights of others.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. 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 they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third party that may publish and/or annotate it.
Infringement Notification for a Paperblog User
You can file a notice of infringement with us through our online form, which can be found at the end of every article published on Paperblog. Submitting a notice online ensures the quickest handling and
processing of your request.
To file a notice of infringement with us by fax or regular mail, you must provide a written communication that sets forth the information specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a past case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000.
Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact a qualified attorney and obtain a competent legal opinion regarding your rights with respect to the online material at issue.
To submit a notice by fax and/or mail, please use the following format
(including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This post must include identification of the specific posts, as opposed to entire sites. Posts must be referenced
by the permalink of the post. For example, “The copyrighted work at issue is the text that appears on http://example.com/test
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
YOU MUST IDENTIFY EACH POST BY PERMALINK OR DATE THAT ALLEGEDLY CONTAINS THE INFRINGING MATERIAL
The permalink for a post is usually found by clicking on the timestamp of the post. For example, “The blog where my copyrighted work is published on is http://copyright.blogspot.com/archives.”
3. Provide information reasonably sufficient to permit Paperblog to contact you (your email address is preferred.)
4. Include the following statement: “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its
agent, or the law.”
5. 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. Sign the paper.
7. Send the written communication to the following address:
Paperblog SAS
Attn: Legal Department, Copyright Complaints
Le Dôme 32, Boulevard de Vaugirard
75015 Paris
FRANCE
OR fax to:
[+33] 980971443, Attn: Legal Department, Copyright Complaints
Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g) (2) and (3) of the United States Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material at issue.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement with Paperblog) that sets forth the items specified below.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney who can help you reach an accurate determination as to whether there is
infringement.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific URLs or other unique identifying information of material that Paperblog has removed or to which Paperblog has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or the Tribunes of Paris, France if your address is outside of the United States, and that you will accept service of process from the person who provided notification under subsection©(1)(C) or an agent of such person.
3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
4. Sign the paper.
5. Send the written communication to the following address:
Paperblog SAS
Attn: Legal Department, Copyright Complaints
Le Dôme 32, Boulevard de Vaugirard
75015 Paris
FRANCE
OR fax to:
[+33]155257574, Attn: Legal Department, Copyright Complaints
Account Termination
Paperblog will, under appropriate circumstances, terminate the registrations of repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Paperblog’s Legal Department and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.