DMCA Requests
https://www.vanish-uy.com/ works diligently to ensure that the creative
rights of others are not infringed, but accidents, on rare occasion, do
happen. If you believe that some of your work appears on the pages of
https://www.vanish-uy.com/’s web site and it does not fall under the Fair
Use doctrine (pro-tip, nearly everything on this web site does, because
it’s a NEWS SITE), you may not just arbitrarily send us a bill without
any proof of copyright or chain of possession and demand money. That’s
not how any of this works.
The Digital Millenium Copyright Act
The United States Digital Millenium Copyright Act protects the rights of
content creators with respect to unauthorized usage of copyright
materials. Krypton Media Group accepts content from a variety of
contributors, and while we do our best to ensure that intellectual
property rights are being properly managed, we present a remedy in the
event that you find anything of yours on our web site that shouldn’t be
here.
If you discover that material has been inadvertantly used on the pages of
the https://www.vanish-uy.com/ web site, you may file a claim of
infringement. The law requires that the claim include the following
information:
(i) identification of the copyrighted work;
(ii) identification of the alleged infringing material;
(iii) full contact information of the person making the claim;
(iv) a statement that the claim is made in with a good faith belief that
use of the material in the manner described is not authorized by the
copyright owner, its agent, or the law;
(v) a statement, made under penalty of perjury, that the claim is
accurate and that the person making the claim is the copyright holder, or
is the legal and authorized representative of the copyright holder;
(vi) a signature of the person making the claim. To this we add
(vII) Proof that you actually hold the copyright of the work in question.
We want to see the copyright. To date, no copyright troll ever been able
to provide this.
You must send three copies (see below). We aren’t kidding this. Failure
to send three copies will result in a nonresponse.
The signature on the claim must be an actual, handwritten signature of
the person who owns the copyright against which the claim is being made.
If you are a “rights representative” of any sort and not the actual
holder of the copyright, send copies of all written agreements between
AppsGuruSAS
you and the actual copyright holder with proper handwritten original
signatures, because we won’t waste our time talking to you if you can’t
provide this.
If your chain of possession extends only to being able to collect billing
on behalf of your client or try to sue somebody to collect money for
them, you’re not high enough up the food chain to make a claim, and
without having gone through the legal proceedings of successfully showing
to everyone’s satisfaction that there was a willful infraction of
copyright not covered by Fair Use, you may not just arbitrarily send us a
bill. That’s not how the law works.
The signature on the DMCA takedown request must also be in actual ink and
not a photocopy. We do not accept an “electronic signature”, because
anybody can type anything and call it an “electronic signature”.
You must send the DMCA takedown request in triplicate (that means every
page) – one for our files, one for our attorney, and one to file with the
court as an exhibit should things go that far.
This information must be submitted via conventional mail. may transmit
this information to our business address:
Krypton Media Group Copyright Compliance
13636 Ventura Blvd. #336 Sherman Oaks, CA 19423
You
When submitting a DMCA takedown request, you must adhere to our
submission format to the letter. If you don’t, we legally don’t even have
to talk to you.
The material in question will then be removed in accordance with the
requirements of the Digital Millenium Copyright Act, and you will be
notified of its removal.
If we feel that the identified material has been improperly identified or
that you lack standing to claim the material as your own, we reserve the
right to challenge the claim. If you cannot provide satisfactory evidence
of ownership or copyright, the materials in question may be restored at
our discretion after 14 days. Your only option after that, if you still
think we’re in the wrong, is to file a copyright suit. A typical
copyright lawsuit costs upwards of $120,000 to wage, so weigh that
against your chances of winning – and considering that we’re a news
outlet and that practically everything we do is solidly covered by the
Fair Use carve-outs in the Digital Millenium Copyright Act afforded to
news agencies, your chances won’t be good.
Why are we this nuts about DMCA requests? Because any jackwagon can file
one, and the more frivolous jackwagons can do it at very high speed to a
very large number of copyright trolling victims. This is our way of
making sure that you are in earnest. If we receive a DMCA following these
instructions, we know that it’s likely a legitimate request from the
actual copyright holder.
AppsGuruSAS
Contributors to this site with a history of posting problematic content
with respect to copyright ownership may be sanctioned and removed from
membership in the https://www.vanish-uy.com/ web site.
Publishers Need to be Registered for Safe Harbor Protection
It’s a bit surprising, but publishers need to be registered with the
United States Copyright Office to ensure eligibility for what’s called
Safe Harbor protection. In a nutshell, it means that if one of our
authors accidentally uses something they shouldn’t, we have the right to
exercise the DMCA takedown process in cooperation with complaintants on
their behalf. Our registration number is DMCA-1028908, if you care to
cross check it.
Before You File a DMCA We find it remarkable that in this day and age, we
still have to point this out, but news services such as ours are, by in
large, immune to copyright claims when material is included as part of a
news article (almost our entire web site is news articles, unless it
pertains to information about our radio service or the shows that appear
on it, and technically that’s news too).
Here’s why: the United States Government’s own documentation on what is
and is not copyright infringement clearly states the following:
107. Limitations on Exclusive Rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of
a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an
infringement of copyright.
This means, in essence, that if the photograph or image relates to the
article in which it appears in terms of subject matter, IT IS FAIR USE,
and not an infringement. Out of deference for artists and photographers,
even those in other countries, we may opt to honor a DMCA takedown
request anyway (and we have done so in the past), because most of us are
artists ourselves and we know what it’s like, having been on the other
end of this equation — but we are not required to do this if your
copyright is not directly filed with the United States Copyright Office,
nor are there any legal or monetary consequences whatsover if we don’t.
However, if you do happen to have an actual copyright in hand, failing to
follow our DMCA takedown procedure to the letter and then making
subsequent demands will get you pretty much nowhere.
In particular, if you’re a copyright or trademark troll (and you know who
you are) we won’t bother with demand letters unless you first file that
DMCA as shown above. Arbitrary demand letters or invoices with arbitrary
figures for payment to which we have not previously agreed in writing
will be summarily ignored. If we discover you scanning our web site,
consuming our resources for the purposes of “monitoring” our content
without our written permission to do so, you will be summarily blocked
with no warning. We’ve already blocked three copyright trolls because of
this. Don’t be the fourth.
The Big Recap
AppsGuruSAS
Here’s the TL;DR version:
● If the photo or illustration appears in a news article and pertains to
the topic of news article, it’s Fair Use and there’s nothing you can do
about it.
● You cannot just walk up and arbitrarily hand us a bill for
some stupid amount of money for a Fair Use publication of your material.
● If you want your material taken down, we’ll probably just be nice about
it and do it anyway, but you must follow our DMCA procedure. This
protects both us and you.
● If you repeatedly scan our web site and waste our resources to serve
your bot for any purpose, this is forbidden usage under our usage
agreement, and we reserve the right to block you.
Third Party Content
Third Party Content definition
“Third Party Content” contemplates:
• Any broadcast radio programs, podcast or other audio content that the
“fm-radio.live” Service gives you the ability to listen to;
• Any photos, images, graphics, sound recordings, musical works, album
artworks, data, information, feedback, suggestions, text, content and
other materials that a third party may record, upload, post, publish,
submit, deliver, provide or otherwise transmit;
• Any links or other access to websites and resources on the Internet;
Third Party Content is copyrighted and protected.
You acknowledge and agree that Third Party Content may be the copyrighted
material of the third party that supplies it. Therefore the content
accessed on the basis of our service that is protected by copyright law
and other applicable laws, may not be reproduced, used to prepare
derivative works, performed publicly or displayed publicly and
distributed without the written consent of the third party that supplied
it, except as permitted by applicable law.
Third Party Content may be transmitted with a variety of copy protection
mechanisms, which are designed to protect the copyright interests of the
relevant third party. These copy protection mechanisms may constraint or
prevent the ability of the “fm-radio.live” Service to play Third Party
Content.
You understand that “fm-radio.live” does not control the decision of a
third party to institute such copy protection mechanisms. You agree that
“fm-radio.live” can not be held responsible in what concerns your or any
third party’s ability to access or listen to, any Third Party Content due
to a copy protection mechanism. Due to copyright protection mechanisms it
is strictly forbidden to extract, remove or otherwise change content or
by any means make any attempts thereto. Any attempt to do so may subject
you to liability and can result in the suspension or deletion of your
account.
We are not responsible for the nature of the Third Party Content.
AppsGuruSAS
The Service gives you the ability to listen to and access Third Party
Content over which “fmradio.live” exercises no editorial or programming
control. We are not responsible for the nature of the Third Party
Content.
You also understand that:
• The “fm-radio.live” Service does not guarantee the access to, recording
of, listening to, or viewing of any particular Third Party Content;
• Third Party Content is not under “fm-radio.live”’s control and the “fm-
radio.live” Service is not responsible for and does not endorse such
Third Party Content;
• Third Party Content providers may change or delete Third Party Content
or schedules at any time;
Grants permissions to use copyrighted content
This document explicitly grants permissions to use copyrighted content.
“fm-radio.live” respects and protects the copyright and intellectual
property of others and takes this subject very seriously. We also ask our
users to do the same: respect third party rights!
Infringing activity regarding intellectual property will not be tolerated
on the “fm-radio.live Service. Upon notice from an intellectual property
owner or its agent “fm-radio.live will remove any material from the
Service that we believe is infringing the intellectual property rights of
a third party by being made available through the “fm-radio.live Service.
Sign:
AppsGuruSAS,
Name: Darío Lessa
Role: Account Executive
AppsGuruSAS