DMCA

Digital Millennium Copyright Act Notification Policy

(1) Introduction

Sourcemap responds expeditiously to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Sourcemap as straightforward as possible while reducing the number of notices that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office website, http://www.copyright.gov), but Sourcemap will respond to notices of this type from other jurisdictions as well.

Sourcemap expects all its users to comply with applicable copyright laws. However, if Sourcemap receives proper notification of claimed copyright infringement, Sourcemap’s response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether Sourcemap may be liable for such infringement under United States law or the laws of another jurisdiction.

If Sourcemap removes content or disables access to content in response to such a notice, Sourcemap will make a good-faith attempt to contact the owner or poster of the affected content so that they may make a counter-notification pursuant to Sections 512(g)(2) and (3) of the DMCA.

(2) Designated Agent

Sourcemap’s Designated Agent to receive notifications of alleged infringement under the DMCA is:

Leonardo Bonanni

Email: dmca@sourcemap.com

Mail: Sourcemap Legal Affairs, 614 Massachusetts Avenue Suite 201, Cambridge MA 02139

Upon receipt of proper notification of claimed infringement, Sourcemap will follow the procedures outlined herein and in the DMCA.

(3) How to Report Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sourcemap’s Designated Agent (listed above) with the following information in a written communication (preferably via email):

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification 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, and information reasonably sufficient to permit Sourcemap to locate the material;
  • Information reasonably sufficient to permit Sourcemap to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
  • The following statement: “I 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”;
  • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
  • Your signature, in physical or electronic form.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that material infringes upon your copyright when it does not. Accordingly, if you are not sure whether material infringes your copyright, you should first contact an attorney.

(4) How to Appeal Claims of Copyright Infringement

A provider of content subject to a claim of infringement may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with us, please provide Sourcemap’s Designated Agent (listed above) with the following information in a written communication (preferably via email):

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • Your name, address, and telephone number;
  • The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located or, if you live outside the United States, the District of Massachusetts]”;
  • The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  • Your signature, in physical or electronic form.

Upon receipt of such counter-notification, Sourcemap will promptly provide the person who provided the original infringement notification with a copy of the counter-notification, and inform that person that Sourcemap will replace the removed material or cease disabling access to it in 10 business days. The DMCA then allows Sourcemap to restore the contested content if the rights owner does not file a court action against the provider of content within 10 business days of receiving a copy of the counter-notification.

(5) Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, Sourcemap will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

(6) Accommodation of Standard Technical Measures

It is Sourcemap’s policy to accommodate and not interfere with standard technical measures, used by copyright owners to identify or protect copyrighted works, that Sourcemap determines are reasonable under the circumstances.