All images on theCHIVE.com are either submitted to theCHIVE by email or are readily available in various places on the Internet and believed to be in the public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code). theCHIVE respects the intellectual property rights of others and expects its users to do the same. It is theCHIVE’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner of a photograph or other material that appears on theCHIVE.com, that you claim violates your copyright, please notify us as follows.
Notification of Copyright Infringement.
Digital Millennium Copyright Act.
theCHIVE.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). theCHIVE.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the theCHIVE.com site by completing the following DMCA notice (“Notice”) and delivering it to theCHIVE.com’s Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper Notice will notify theCHIVE.com in English of particular facts in a document signed under penalty of perjury and delivered to theCHIVE.com’s Designated Copyright Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site.
· 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 service provider to locate the material, which should include any URLs identifying the allegedly infringing material along with any other information that might assist the theCHIVE.com’s Designated Copyright Agent’s investigation of your claim.
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has a good faith belief that the 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 Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If the material originates from another website and you believe that theCHIVE.com has cached that material, then confirm any of the following that apply:
· The material has been removed from the originating site;
· access to the material on the originating site has been disabled;
· a court has ordered that the material be removed from the originating site; and/or
· a court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Deliver this Notice with all items completed to theCHIVE.com’s Designated Copyright Agent:
Randal Ivor-Smith, Esq.
Ivor-Smith Law, PC
464 Royce Street
Altadena, CA 91001
Upon receipt of a valid Notice, theCHIVE.com will follow the procedures provided in the DMCA which prescribe a notice and take down procedure, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. In appropriate circumstances, theCHIVE.com will have the disputed material removed from public view, and will also notify the user or webmaster who posted the allegedly infringing material, which notification may include a complete copy of the Notice submitted regarding that material..