Copyright Policy

Notice and Takedown Procedure

It is our policy to expeditiously respond to proper 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 such notices. It is designed to make submitting notices of alleged infringement to IPRsTrust.org as straightforward as possible. 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 Web Site, http://www.copyright.gov), but we also will respond to notices of this type that comply with requirements of the European Union as well as other jurisdictions.

If IPRsTrust.org receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users or subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the contributor of the affected content so that they may have the option of making a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA and similar provisions in other jurisdictions. We may also document notices of alleged infringement on which we act.

Designated Agent

The IPRsTrust.org’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Phillip R. Malone
Email: pmalone (AT) cyber.law.harvard.edu
Physical Mail: Berkman Center for Internet & Society, 23 Everett Street, 2nd Floor, Cambridge MA 02138

Infringement Notification

If you believe that one or more works in which you own copyright have been posted on IPRsTrust.org in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the IPRsTrust.org's Registered Agent (listed above) 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 at a single online site are covered by a single notification, 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 IPRsTrust.org’s administrators to locate the material;
Information reasonably sufficient to permit the IPRsTrust.org’s administrators to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party 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
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you knowingly materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Counter Notification

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 or similar provisions in other jurisdictions. To file a counter notification with us, please provide the IPRsTrust’s Registered Agent (listed above) 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 United States Federal District Court for [insert the United States federal judicial district in which your address is located or, if your address is outside of the United States, insert ‘any United States judicial district in which the service provider may be found’]";
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, the IPRsTrust’org’s administrators will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that IPRsTrust.org will replace the removed material or cease disabling access to it in 10 business days. IPRsTrust.org will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, IPRsTrust.org will, in appropriate circumstances, terminate the subscriptions or accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures