DMCA Notice Requirements
This policy is a part of our Terms of Service.
The information contained on this page constitutes information and not legal advice. The reader assumes all responsibility for any and all use of this information. Please consult an attorney for specific questions. This page may be updated periodically.
The following are requirements for submitting Digital Millennium Copyright Act (DMCA) notices of infringement and DMCA counter-notices to MIASA. However, we prefer that you use our reporting form, which allow us to process notices with greater efficiency and enable authorized parties to send notices with quality and ease.
To report infringement to MIASA’s designated agent, please use contact us. Please see the requirements below.
If you believe that material residing on or accessible through MIASA infringes a copyright, you may send a notice of infringement via email to firstname.lastname@example.org, which must include all of the following required information:
- 1. a signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon — signatures may be provided electronically by typing your name;
- 2. identification in sufficient detail of the work allegedly infringed upon;
- 3. identification of the allegedly infringing material on MIASA including the specific location of the material so that MIASA can find it — for listings, please provide the MIASA listing URL to each item you allege is infringing;
- 4. the name of the intellectual property owner, and contact information for the notifier including name, address, telephone number, and email address;
- 5. a statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law; and
- 6. a statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to MIASA. Fraudulent or abusive notices may result in account termination or other legal consequences.
If you have a good faith belief that material removed or disabled as a result of a notification of copyright infringement to MIASA involved a misidentification or mistake, you may send a counter notice via email to email@example.com, which must include all of the following required information
- 1. your signature — signatures may be provided electronically by typing your name;
- 2. identification of the material that has been removed or to which access has been disabled — for listings, please provide the MIASA listing URL to each item before it was removed or disabled;
- 3. a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- 4. your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which MIASA is located, and that you will accept service of process from the person who provided the original notification or an agent of such person.
If MIASA receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs MIASA of this action. MIASAsends a copy of the counter notice to the original complaining party.
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice MIASA. Fraudulent or abusive counter notices may result in account termination or other legal consequences.
MIASA terminates account privileges of members that are subject to repeat notices of copyright infringement in appropriate circumstances and at MIASA’ discretion.
MIASA’s Designated Agent to Receive Notifications