DMCA Copyright Policy

DMCA

Use of the BlogPress hosting service requires that you honor and respect U.S. copyright law. You may not use our service to infringe anyone else’s copyright. While we understand that there are often differences of opinion about copyright law, the DMCA provides us with no discretion when an entity alleges copyright infringement.

What Is A DMCA Claim?

It is a request for us to remove copyrighted or abusive content.

If you discover that one of the blogs we host is illegally using your copyrighted material (e.g. text, images, your likeness, etc) or is abusive against you (e.g. defamation of character), you should submit a DMCA notice as described below.

It is the BlogPress policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

More information on the Digital Millennium Copyright Act of 1998 may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

We take these claims seriously and we respond to all DMCA claims within 2 Business Days.

How To Submit A DMCA Claim

If you would like to make a Digital Millennium Copyright Act (“DMCA”) notice against a blog we host, section 512(c) of the Copyright Act requires that the “Notice” must be in writing and must include substantially all of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (for example, typing your full name)
  2. Identify in sufficient detail the location of copyrighted work (e.g. ” http://blogpressdev.com/badpage.html”). If multiple copyrighted works on a single blog are covered by a single notification, include a detailed representative list of all locations of such works on that blog.
  3. Detailed description 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 with sufficient detail so that BlogPress is capable of easily finding it and verifying its existence.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that you swear, under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In some circumstances, in order to notify the party who provided the allegedly infringing content we may forward a copy of the Notice including name and email address to the blog administrator or we may publish the Notice.

The administrator of an affected blog or the provider of affected content may make a counter notification pursuant to the DMCA. When we receive a counter notification, we may reinstate the material in question.

  • Identify in sufficient detail the location of copyrighted work (e.g. " http://theBlogPress.com/badpage.html”). If multiple copyrighted works on a single blog are covered by a single notification, include a detailed representative list of all locations of such works on that blog.
  • Detailed description 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 with sufficient detail so that BlogPress is capable of easily finding it and verifying its existence
  • Your Computer IP Address For Legal Tracking Of This Request: 159.203.127.111

What If I Receive A Copyright Complaint (DMCA) Notification?

If you receive a notification that content has been removed from your blog for a copyright complaint, it means that the content has been deleted from your hosted blog at the request of the content’s owner. If your account receives too many copyright complaints, your account may be disabled completely.

If you believe the content was removed in error, you have the option to file a “Counter-Notice” by following the steps below.

When we receive a valid Counter-Notice, we will forward a copy to the person who filed the original complaint. If we do not receive additional notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.

How To File A Counter-Notice

The Counter-Notice must be in writing and must include substantially all of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (for example, typing your full name)
  2. Identify in sufficient detail the location of the content that was removed (for example, the specific URL of the content that was removed “http://blogpressdev.com/mypage.htm”) .
  3. Your address, telephone number, and electronic mail address where you may be contacted.
  4. A statement that you have a good faith belief that the content was removed in error.
  5. A statement that you swear, under penalty of perjury, that the information in the Counter-Notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner of the copyrighted content.
  6. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or if your address is outside of the United States, for any judicial district in which BlogPress may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • Identify in sufficient detail the location of removed work (e.g. " http://theBlogPress.com/badpage.html”). If multiple removed works on a single blog are covered by a single notification, include a detailed representative list of all locations of such works on that blog.
  • Detailed description of the content believed to be removed in error with sufficient detail so that BlogPress is capable of easily finding it and verifying the content.
  • Your Computer IP Address For Legal Tracking Of This Request: 159.203.127.111

Sample Takedown Process

  1. Joe adds an image to his blog that he found via an online search (the image belongs to Lisa).
  2. Lisa, searching the Internet, finds that her image is being used on Joe’s blog.
  3. Lisa submits a complete and valid DMCA Notice through the submission form on BlogPress.
  4. BlogPress removes the image in question from Joe’s blog.
  5. BlogPress tells Joe that they have removed the image.
  6. Joe now has the option of submitting a Counter-Notice via the submission form on BlogPress, if he feels the image was removed unfairly.
  7. If Joe does file a complete and valid Counter-Notice, BlogPress notifies Lisa and then waits 10-14 business days for a lawsuit to be filed by Lisa.
  8. If Lisa does not file a lawsuit, then BlogPress must put the image back up.