Although it is not expected to happen frequently on Tannersway, we recognize the possibility that a post could contain something that infringes a copyright.
In this context, a copyright on a photograph or motion picture is owned by the author, which generally is the photographer. A copyright vests in the author when it is "fixed in a tangible medium," which means when the photographer pulls the trigger on the camera.
Note that there are some exceptions to copyright infringement, particularly fair use.
If there is a post on Tannersway that you believe infringes your copyright, you may send to Tannersway a "takedown notice" according to the portion of the Digital Millennium Copyright Act titled the Online Copyright Infringement Liability Limitation Act.
A takedown notice must separately contain the following for each allegedly infringing item:
- Identification in sufficient detail of the work allegedly infringed;
- Identification of the location of the allegedly infringing material on Tannersway, including the specific location of the material so that we can find it, including the URL and the date of posting;
- The name of the copyright owner, and contact information for the person making the notification, including name, address, telephone number, and email address;
- A statement that the person making the notification has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law;
- A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon (such signatures may be provided electronically by typing the name of the person making the notification, such as /John Doe/); and
- A statement under penalty of perjury that the information provided in the notice is accurate and that the person making the notification is authorized to make the complaint on behalf of the copyright owner.
If Tannersway has taken down something that you posted and you believe in good faith that it was taken down in error, you may submit a "counter-notice," which must separately include the following for each item:
Identification of the material that has been removed or to which access has been disabled – please provide the URL to each item before it was removed or disabled and the date on which it was posted;
Your name, address, telephone number, and email address, along with 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 Tannersway is located, and that you will at that location accept service of process from the person who provided the original notification or an agent of such person;
Your signature (such signatures may be provided electronically by typing the name of the person making the notification, such as /John Doe/); and
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
Misuse of either takedown notices or counter-notices can result in liability for damages, court costs and attorney’s fees as well as in criminal prosecution.
Where to Send DMCA Notices and Counter Notices
For email notices send to email@example.com. For postal mail notices, send to:
- 9550 South Eastern Avenue, Suite 253
- Las Vegas, NV 89123