Copyright/Database Notice and Take-down Policy
It is the policy of Open PHACTS Consortium to respond to all notices of alleged copyright or database rights infringement. Open PHACTS Consortium is not responsible for content on other websites that users might query or otherwise discover while using Open PHACTS Consortium websites and other online properties.
This notice describes the information that must be provided in notices alleging copyright or database rights infringement found specifically on Open PHACTS Consortium websites and other online properties. The goal of the policy is to make alleged infringement notices to Open PHACTS Consortium as straightforward as possible, both for the alleging party and for the Consortium to review.
The Open PHACTS Consortium, at its sole discretion, reserves the right to disable user accounts of Open PHACTS Consortium websites and other online properties that may infringe upon the copyrights, database rights, or other intellectual property rights of Open PHACTS Consortium and/or others.
In response to notices of alleged copyright or database rights infringement, the Open PHACTS Consortium reserves the right to remove the content (including but not limited to data, mappings, publications, documents, and graphics) claimed to be a copyright or database rights infringement. If the Open PHACTS Consortium removes or disables content in this way, we will attempt to contact the responsible user(s) and notify them of the decision to remove. Users will have the opportunity to respond as detailed below.
To file a notice of an alleged copyright or database rights infringement with us, you are required to provide a written communication only by email to email@example.com. Please be advised that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that a product or activity is infringing upon your copyright or database rights.
A. Copyright Claims
To file a notification of claimed copyright infringement, you will need to send a written communication that includes substantially all of the information listed below. (Please consult your legal counsel to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner ("authorized person") of an exclusive right that is allegedly infringed.
- 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 the Consortium to locate the material. Providing URLs in the body of your written communication is the best way to help us locate the content quickly.
- Information reasonably sufficient to permit the Consortium to contact the authorized person, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the authorized person has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notification should be sent to our designated agent via email (preferred), mail or fax at the following address:
B. Counter-Notification Policy
When the Consortium receives a DMCA takedown notification of alleged copyright infringement, the Consortium removes the material that is the subject of the notification. If the Consortium removes materials that you have uploaded onto the Consortium website or other online properties, the Consortium will attempt to contact you about it.
If you believe your content was removed as a result of mistake or misidentification, you may submit a Counter-Notification that includes substantially all of the information listed below.
- Your name, address, telephone number and physical or electronic signature;
- Identification of the material and its location before removal;
- A statement under penalty of perjury that the material was removed by mistake or misidentification; and
- A statement that you will accept service of process from the person who provided notification of claimed infringement.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- Open PHACTS Consortium shall promptly provide the Complaining Party with a copy of the Counter-Notification;
- Open PHACTS Consortium shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Open PHACTS Consortium shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Open PHACTS Consortium’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Open PHACTS Consortium’s system.
Finally, Notices and Counter-Notices with respect to this website must meet all relevant statutory requirements in force at the time of their submission and imposed by relevant legislation.
Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be published.
A link to your published letter may be displayed in place of the removed content.