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Digital Millennium Copyright Act

Introduction

We at OpenFlix believe strongly in protecting legitimate copyright rights. We will respond appropriately to notices of infringement that comply with all of the requirements of Section 512 of the Digital Millennium Copyright Act ("DMCA") (http://www.copyright.gov/title17/92chap5.html#512) and any other applicable intellectual property laws. Such response may include either removing specific information or disabling access to it through OpenFlix. If we disable access to any material, we will make a good faith effort to contact the site or person affected to notify them of such removal, allowing them to make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.


Copyright Holders

If you are a copyright holder, OpenFlix is dedicated to assisting you in maintaining your rights to your artistic and intellectual output. We are committed to following the letter and the spirit of the DMCA and other applicable copyright laws. If you feel like you have work that is being infringed, or if you have work that you'd like to have access to a wider audience, please contact us. We'd like to discuss arrangements whereby you retain control, can monitor access, and were we can reach an amenable agreement as to terms of distribution.


Infringement Notifications

To file a notice of infringement with OpenFlix, we ask that you provide us with a written communication sent by regular mail (email is not acceptable unless agreed to in advance).

DMCA Section 512 (c) (3) (A) describes the necessary elements of notification. Specifically subsection (iii) requires "Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material," and Section 512 (d) (3) allows for "identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link."

We ask that a notification contain the following items:

  1. Identify in plain language the copyrighted work upon which you are claiming infringement. An example might be the name of a movie or show.
  2. Identify the location of any links, references, excerpts or other text relating to the work in question on OpenFlix. We ask that you provide annotated or highlighted printouts of OpenFlix screens to ensure clarity.
  3. Sufficient contact information, so that we may contact you should we have any questions.
  4. For linked material, any information you have on the location or identity of the website or server containing the material in question.
  5. The following statement: "I have a good faith belief that the copyrighted information described above is not authorized by the copyright holder or its legal agent."
  6. The following statement; "I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner."
  7. Your signature

Notifications should be mailed to:

OpenFlix
Attn: DMCA Notification
9 Culver Court
Orinda, CA 94563

It is OpenFlix's policy to publicly post all notices of infringement upon which we take action. Notices of infringement may be forwarded to third parties for review.


Counter Notifications

Material catalogued by the OpenFlix directory is submitted by and kept by individuals around the globe. OpenFlix will generally have no formal affiliation or direct business relationship with these individuals or their web sites, although many may have registered with the site. We may or may not be able to locate contributors of information or administrators or owners or sites linked to, but will make a reasonable effort to contact effected parties, allowing them to file counter notifications in keeping with DMCA Section 512 (G) (2) and (3).

A sample counter notification can be found at http://www.chillingeffects.org/dmca/counter512.pdf.

We ask that counter notifications contain the following information:

  1. Identify the specific material that OpenFlix has removed from the site. Examples include both text and URLs.
  2. Sufficient contact information including your name, address, telephone number and email address.
  3. Your signature

Counter Notifications should be mailed to:

OpenFlix
Attn: DMCA Notification
9 Culver Court
Orinda, CA 94563


Designated Agent

Please send written communications, including notifications, counter notifications and relevant enquiries, to:

OpenFlix
Attn: DMCA Notification
9 Culver Court
Orinda, CA 94563


An agent designation for notification of claims of infringement for OpenFlix has been filed with the US Copyright Office (http://www.copyright.gov/onlinesp/#agent).

Although Notifications must be delivered by the mail, feel free to use our contact form with any questions or comments.


Reference Material

FAQ about DMCA Safe Harbor Provisions:
http://www.chillingeffects.org/dmca512/faq.cgi

DMCA Section 512
http://www.copyright.gov/title17/92chap5.html#512

Copyright Office: Online Service Providers
http://www.copyright.gov/onlinesp/