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Digital Millennium Copyright Act (DMCA) and Copyright Policy


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In 1998 U.S. Congress passed the Digital Millennium Copyright Act in order to address digital copyright infringements. Budgetnews has registered with the US copyright Office as required by law. Our registration of such you can find <here>.

Below you will find information with respect to procedures and policies about copyright infringement that apply to Budgetnews.

The Digital Millennium Copyright Act can be found <here>.

DMCA Notification: Who?

Copyright owners or agents of copyright owners who believe that any user material posted on our service infringes upon their copyrights may submit a DMCA Notice.

The DMCA only allows the copyright holder or a legally authorized agent of the copyright holder to legally submit DMCA Notices.

You may submit your DMCA Notice to dmca@rspsales.com. You can find the DMCA Notice form example at the bottom of this page.

DMCA Notification: Requirements?
 
The required elements of a DMCA Notice are:
 
• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please also mention the entity name, full name, physical address, email address and telephone number of the person or entity submitting the DMCA Notice where the authorized individual can be contacted.

• (ii) 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 notification, a representative list of such works at that site. 

• (iii) 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. A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our service by providing Message-IDs for all claims the DMCA Notice is requesting a take down.

• (iv) 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 clearly stated relationship to the copyright holder (or authorized agent).

•  (vi) A statement that ‘the information in the notification is accurate’, and under penalty of perjury, that ‘you are the copyright holder, or authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed’. 

• (v) A statement that you have a ‘good faith belief that use of the material that is claimed as copyright infringement is not authorized by the copyright owner, its
agent, or the law.’  

• While not legally required by the DMCA, including "copyright violation" in the subject line of your email will flag your DMCA Notice and bypass spam categorization.  

• Submit the Notice to dmca@rspsales.com, the email address <we have registered> with the Copyright office pursuant to Section 512(c) of the Copyright Act.  

Please find our DMCA Notice form Example at the bottom of this page.

We will review and address all DMCA notices that substantially comply with the requirements identified above. If your DMCA notice fails to substantially comply with all of these requirements, we may not be able respond to your DMCA notice.

We suggest that you consult your legal advisor before filing a Notification of Claimed
Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.

DMCA Notification: Follow Up?  

Once we have proper identification of the infringing material through the Message-IDs, and a well formed DMCA Notice, we will make all identified infringing material forthwith unavailable. We will analyze each article to determine if it was posted by a Budgetnews customer, and if it was so posted we will initiate our "Ban Policy" for that customer. We will reply via email to your DMCA Notice informing you that we have made unavailable the materials that you have identified.
 
DMCA Notification: Post Policy  

The DMCA requires that we maintain "a policy that provides for the termination in appropriate circumstances of subscribers and account holders of system or network who are repeat infringers". The DMCA does not provide for a definition of "repeat". Budgetnews has safely defined "repeat infringers" to be the minimum value possible, which means two incidents.

After verifying that a DMCA Notice has been valid for infringing materials that were posted by a Budgetnews subscriber, we will contact that subscriber. A copy of our “Warning: Copyright Infringement Notification” will be send by email to that subscriber and all posting privileges will be postponed for that subscriber.

An example “Warning: Copyright Infringement Notification” can be found at the bottom of this page.
Posting privileges for that subscriber might be restored after the subscriber has confirmed that future infringements will not occur again. When a second DMCA Notice is received for an infringing article posted after the clear affirmation is received, we will, at the sole discretion of Budgetnews, terminate the account or place a ban on posting from the account.

DMCA Notification: Termination  

It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others or of Budgetnews.

 

Designated Copyright Agent Contact Information

Notices with respect to this web site should be sent to:  
Legal name and address: RSP Sales LLC
Names doing business under: Budgetnews
Designated Agent: ATTN: Steven B. Fox
Address of Agent: 200 West 9th street, Suite 601, Wilmington, DE 19801, United States of America.
Telephone:  +1-(302) 504-4647
Fax:  +1-(302) 504-4642
Email: dmca@rspsales.com

The Designated Copyright Agent should be contacted only about notices regarding alleged copyright. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service :

support@support.budgetnews.net

 

DMCA Notice Form (Example)

This example form must be used to submit a DMCA notice.
All the necessary components legally required by the DMCA are included.
 
From: John Doe <john@doe.com>
To: Budgetnews DMCA <dmca@rspsales.com>
Subject: Copyright Violation <subject>
 
We have identified and verified that usenet posts on your service are in violation with the copyrights of <owner of copyrights>. The following message-id’s contain copyrighted material pursuant to United States law.
 
Contact Information
<Business Name>
<Full Name>
<Function>
<Adress>
<ZIP code>
<City>
<Country>
<Telephone number>
<Fax number>
<Email address>
 
I have a good faith belief that the use of the material that appears on your service is not authorized by the copyright owner, its agent, or by operation of law.
 
The information in this notice is accurate, and I am authorized to act on behalf of the copyright owner. I declare under the perjury laws of the United States of America that this notification is true and correct.
 
<Full Name>
<Function>
<Business Name>
 
The material appears within the following articles:
 
Subject: <full subject title of post>
Message-ID: <messageid>
<...>
Message-ID: <messageid>
____

 

Warning: Copyright Infringement Notification (example Bugetnews)

The following email message is an example of what a subscriber will receive after Budgetnews has received a first valid DMCA Notice for that subscriber. The second valid DMCA Notice for that subscriber will result in the termination of the subscriber’s account.

From: Budgetnews DMCA <support@support.hitnews.eu>
To: John Doe <jd@domain.com>
Subject: Warning: Copyright Infringement Notification

Please read this Copyright Infringement Notification carefully. You will receive this warning for one time only.

Budgetnews has received a valid DMCA (Digital Millennium Copyright Act) Notice from a copyright owner, or its authorized agent. After investigating we found that your user account has been used for posting unauthorized copies of copyrighted material.

You should stop this immediately!

Our Terms of Service do not allow the posting of copyrighted material without the permission of the copyright holder (or authorized agent). You can find our Terms of Service <here>.

Your posting privileges have been postponed. We might consider enabling post privileges again after you have assured us within 3 days as of now that further posting of unauthorized and/or infringing copyrighted material through your user account will not happen again and that you as of then will comply with our Terms of Service.

If we don’t receive a reply within 3 days your user account is subject to permanent restriction of posting privileges or termination of your user account without and forfeiture of any (pre) paid money remaining on your account.

You will not receive any further notice should you, or anyone using your account, again post copyrighted materials without permission of the copyright holder. Your account will be canceled the moment we get notice that additional materials have been posted.

This is your only and last warning. Stop posting copyrighted materials to Budgetnews servers or your account will be canceled without further notice.

Sincerely yours,
Budgetnews

--Copy forward of original DMCA Notice--
<A copy of the DMCA Notice goes here>