PhotoBlog DMCA Policy
Notification of Copyright Infringement.
We respect the intellectual property rights of others and we expect our users to do the same. PhotoBlog will respond to clear notices of copyright infringement consistent with the U.S. Digital Millennium Copyright Act (“DMCA”).
Notifying Us of Copyright Infringement:
If you believe the Services are hosting content that infringes your copyright, please let us know by filling out the form that you will find here. If you would prefer to submit a notice to our Copyright Agent (address below) in writing, it must contain all of the following:
- A description of the copyrighted work(s) you believe are infringed;
- The exact location (URL) where the infringing material resides on the Service;
- Contact information so that we can reach you, such as email address,your physical address and telephone number;
- A statement by you that you have a good faith belief that the use of the Material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- Your signature
Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. Please also check to make sure you haven’t authorized the use at issue. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. You may also wish to consult publicly available reference materials such as those found at the U.S. Copyright website (www.copyright.gov) or at the Chilling Effects website (www.chillingeffects.org).
If you believe access to your content was disabled or removed by PhotoBlog as a result of an improper copyright infringement notice, please send our Copyright Agent (contact information below) a written counter-notice that contains all of the following:
- A description of the work improperly removed, along with your user name and the location where that work resided on the Service;
- Contact information so that we can reach you, such as email address, your physical address and telephone number;
- A statement under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Santa Clara County, California if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at the U.S. Copyright website (www.copyright.gov) or at the Chilling Effects website (www.chillingeffects.org).
The mailing address for the PhotoBlog Copyright Agent is:
PhotoBlog , Inc.
45 King Street West.
Toronto, ON M5B2T7
Via email: copyright@PhotoBlog .com