While Docstoc does not tolerate copyright infringement, we also do not tolerate false claims of infringement. If we notify you that a document was removed because we received a DMCA copyright infringement notice from an alleged copyright holder and you believe that content that you posted on the site was removed by mistake, or there was not infringement, including because you believe “fair use” under the Copyright Act applies, you can file a DMCA counter-notice with us. So long as everything appears to be in order with your counter-notice, we may forward it to the complaining rights owner. The DMCA then allows us to restore your content or allows you to re-post the content after you receive notification from us that you may do so - if the alleged rights owner does not provide us with evidence that it has filed a court action against you (often naming you as a “Doe” defendant) within 10 business days of receiving from us the copy of your counter-notice.
Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA counter-notice with us.
We may notify you that we received a DMCA copyright infringement notice along the following lines:
Dear Docstoc Subscriber:
We received a DMCA (Digital Millennium Copyright Act) copyright infringement and takedown notice which stated under penalty of perjury that a rights-holder has the exclusive rights in the material posted by you titled [name of document
] which was available at [url
], informing us that your posting of the material infringes upon those rights, and requesting that we disable access to or remove the material, which we have done.
You may file a counter-notification pursuant to 11 USC Sec. 512(g), if doing so is truthful. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages.
To expedite our ability to process your counter notification, please use the following format (including paragraph numbers), in legible type at least in 12 point font or the equivalent:
Identify the specific URLs or other unique identifying information of material that Docstoc has removed or to which Docstoc has disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: "I swear or affirm, under penalty of perjury, that I have a good faith belief that each of those works were removed in error and I believe my posting them does not infringe anyone else's copyrights. I understand that I am declaring the above under penalty of perjury, meaning that if I am not telling the truth I may be committing a crime.”
Sign the paper.
Send the written communication to the following address:
Attn: Docstoc Legal Support, DMCA Counter Notification
409 Santa Monica Blvd
Santa Monica, CA 90401
OR fax to: 310-255-1176
Or email as an imaged document (e.g., pdf, or Tiff) to Copyright@docstoc.com
You may also generate this counter-notification by using a tool at http://www.chillingeffects.org/dmca/counter512.pdf
and then sending that to us by following the instruction above at 5.
Upon our receipt of a proper counter-notification we will review it and we may forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. After we send out the counter-notification, the claimant is supposed to then notify us that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material that was posted by you on Docstoc. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may, at our discretion, reinstate the material. Please note that pursuant to our terms of service Docstoc reserves the right to remove content on Docstoc for any number of reasons including privacy issues, inappropriate content, mis-categorized content, or for any reason in our sole discretion, as well as to terminate the account of any user. Per your use of Docstoc and your agreement to our Terms of Service, we reserve the right to remove content on and from our system and to terminate your account. You can read more at: http://www.docstoc.com/popterm.aspx?page_id=15
. Therefore, if we remove or block access to the material or terminate your account now or at any time in the future, or fail to re-post material, whether we receive a counter-notification from you or not, or whether the complaining party informs us that it has filed suit or not, we might have simply exercised our sole discretion. All of Docstocs rights and remedies are reserved without waiver or prejudice.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY