Copyright Policy

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1. Purpose

The purpose of the Copyright Policy (the "Policy") is to describe the responsibilities and procedures of the WikiTide Foundation (the "Foundation") under the Digital Millennium Copyright Act (DMCA).

2. Responsibility

The Director of Trust and Safety is responsible for enforcing this Policy and implementing the procedures described in this Policy.

3. Compliance with Law

Users of the Foundation's services are required to abide by United States and international copyright law. This includes not uploading copyrighted content to the Foundation's servers unless permitted by this Policy.

Permitted uses of copyrighted content include:

  1. Use with the permission of the rights holder
  2. Use under a purchased or gifted license
  3. Use under an exception as provided for in the Copyright Act, such as fair use.

4. Receiving Notice

The Foundation shall receive notice sent through the postal service or private courier through the Foundation's Registered Agent. Notice sent by electronic mail shall be sent to dmca@wikitide.org.

For a request to take down copyrighted material to be effective, the notice shall contain substantially the following information:

  1. the signature of the copyright owner or an authorized agent;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
  3. identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit the Foundation to locate the material (or the reference or link);
  4. contact information for the copyright owner or authorized agent;
  5. a statement that the person sending the notice 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; and
  6. a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

Once the Foundation has received a compliant notice, the Foundation shall act expeditiously to remove or disable access to the infringing material. The Foundation shall then promptly notify the user that originally uploaded the material that it has been removed.

5. Process for Counter-Notice

If the user believes that the material was removed as a result of mistake or misidentification of the material, the user may submit a counter-notice requesting the reinstatement of the material. To be effective, a counter-notice shall contain substantially the following information:

  1. a physical or electronic signature of the user;
  2. 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;
  3. a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Following receipt of a compliant counter-notice, the Foundation shall restore access to the material after no less than ten and no more than fourteen business days, unless the original notice sender informs the Foundation that it has filed a court action against the user.

6. Log of Actions

The Director of Trust and Safety shall maintain a log of actions taken pursuant to this Policy.