Copyright

IMPORTANT — Please read this ENTIRE PAGE carefully. If you fail to follow the instructions on this page, it is virtually certain your request will be denied, so PLEASE take the time to read the WHOLE page.

I. INTRODUCTION

Most images appearing on Shesahomewrecker.com are submitted by our users who are prohibited from uploading images unless they are the lawful copyright owner. Other images may be obtained from third party sources only when doing so constitutes fair use under Section 107 of the U.S. Copyright Act; 17 U.S.C. § 107.

NOTE — The legal principle of “fair use” is VERY complicated, and a full discussion of the law is beyond the scope of this page. For a helpful overview of the basic rules, you should check this out: Copyright Fair Use and How It Works for Online Images.

Although we cannot and will not give you legal advice, we want to make our position clear regarding fair use.

FIRST, although some people mistakenly refer to fair use as a “defense”, that is incorrect. Fair use is, by definition, NOT an infringement of anyone’s rights. On the contrary, fair use is ALWAYS lawful, because the Copyright Act says so. Although we always reserve the right to remove images if we believe they violate our standards, we generally will not remove images when it appears they are being used in a way that qualifies as fair use.

That standard applies even when we receive a DMCA take down notice, so if you have sent a removal request which was denied, it is probably because we believed the image(s) qualified as fair use.

SECOND, although every fair use analysis is different and depends on the specific facts of the case, if someone takes your photo and uses it to criticize you, that is PROBABLY fair use. See Katz v. Google Inc., 2015 WL 5449883 (11th Cir. 2015).

THIRD, if an image (or any other content) is being used in a way that qualifies as fair use, it *may* be illegal to demand removal of that content via a DMCA notice. See Online Policy Group, Inc. v. Diebold, Inc., 337 F. Supp. 2d 1195 (N.D.Cal. 2004). We are not saying this to deter you from letting us know if you have a legitimate copyright complaint. We merely want to make you aware that DMCA notices are important legal documents, and misusing them can have serious legal consequences. If you are unsure about your legal rights, we strongly suggest that you consult with a qualified local attorney who can answer your questions before you take action.

II. HOW TO SUBMIT A COPYRIGHT REMOVAL REQUEST

If you are a copyright owner and you believe the use of your images on this site is infringing in any way, please contact us immediately. We will promptly consider any valid take down demand as long as the demand meets all requirements of the DMCA and as long as the specific use of the image(s) is not clearly fair use. To be clear — our promise to review your notice does not guarantee removal; we only promise to review your request promptly.

NOTE — The DMCA is 100% free. You don’t need to pay anything to submit a takedown notice. However, many websites charge fees to help you prepare a DMCA notice. For example, DMCA.com currently charges a fee of $199.00.

If you are uncomfortable preparing your own DMCA notice and want help, WE STRONGLY ADVISE AGAINST USING WEBSITES LIKE DMCA.com. In our opinion, DMCA.com is a ripoff because they take your money but you still have to do most of the work. Rather than paying a service like DMCA.com, we recommend that you simply spend some time researching how to prepare a DMCA notice.

If you have already tried researching the law and you still feel uncomfortable, we recommend talking to a lawyer who has experience dealing with copyright issues. Lawyers aren’t cheap, but many will give you a 1/2 hour consultation for less than the cost of paying a website like DMCA.com. In our view, that’s money well spent.

NOTE — being 100% honest, these comments are not intended to secretly pressure you into using a paid service like DMCA.com. In nearly every instance, we will REJECT any notice we get from DMCA.com, so we strongly urge you NOT to use their service. If you do, it is very likely that your request will be denied. Instead, our best advice is to talk to a lawyer with intellectual property/copyright experience (many of whom will give you a free consultation).

At a minimum, DMCA notices must include at least the following things:

(1) Your name, address, telephone number, and e-mail address;

NOTE — the DMCA requires that you provide this information. However, we understand that some people are uncomfortable giving us their address or phone. As a courtesy, we are willing to waive that requirement as long as your request otherwise complies with all other aspects of the DMCA. So, if you don’t want to provide your address or phone, that’s fine — you can simply say: “Address/Phone available upon request”.

(2) A description of the copyrighted work that you claim has been infringed;

(3) The exact URL or web address where the alleged infringing material is located NOTE: a description such as “the 3rd image on page 4” is NOT sufficient because we add new content all the time and images may shift location. Also, a description such as “that picture of me” is unacceptable because we do not know who you are. You must provide the exact URL of the post at issue. You can get the URL by clicking on the title of the post and then looking at the address bar on the top of that page. Failure to include the exact URL may result in your request being delayed or rejected.

(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s OK to just type your full name at the end of your notice); and

(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please email your DMCA removal request to: [email protected].

Alternatively, requests can be submitted to our DMCA Agent: David Gingras, Esq.; Gingras Law Office, PLLC, 4802 E. Ray Road, #23-271, Phoenix, AZ 85044; Fax: (480) 248-3196; email: [email protected] (NOTE – phone calls are NOT accepted for copyright complaints).

NOTE — mailing/faxing/FedExing DMCA notices is strongly discouraged and may delay processing of your request. Notices sent by mail/fax/FedEx do not receive any higher priority than notices sent by email.

Please be patient. DMCA notices are usually reviewed only during normal business hours from 9-5 Monday through Friday (Arizona time). If we believe that your notice is valid, we will remove the image(s) identified in the notice. However, we DO NOT respond to notices or explain why a particular notice was not honored.

Because we cannot give you legal advice, we will not respond to any emails asking “Why did you deny my DMCA request?” or “What should I do so you will honor my DMCA requests?” These types of legal questions should be presented to a local attorney in your area who can explain your rights and options.

NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; see 17 U.S.C. § 512(f).

Repeat Infringer Policy:  Shesahomewrecker.com takes copyright law seriously.   In addition to removing infringing content when appropriate, we will block access to the site by any user who we determine to be a repeat infringer.  For the purposes of this policy, a “repeat infringer” is defined as any person who is deemed to have uploaded infringing content three (3) or more times within a period of six (6) months.  

Last Updated: January 10, 2018
DMCA Page Text © 2016 David Gingras
Title: DMCA Page Text For Websites
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