Digital Millennium Copyright Act (DMCA) Notice
If you believe that material available on our sites, including those hosted at Thero.org, infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email.
Before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use
. If you are not sure whether material located on a Thero.org site infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. We have and will highlight such abuses and seek to collect those damages.
Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as LumenDatabase.org
. A note will also be placed on the site in question detailing the name of the copyright holder who submitted the takedown notice. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal
. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.
Please follow these steps to file a notice:
- Contact the offending party directly. Go to the blog post in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the offending party.
- Send your complaint to email@example.com. If the issue cannot be resolved directly with the offending party.
As required by the DMCA, we have a policy to terminate users that we consider to be repeat infringers. Although we won’t share the specifics of our repeat infringer policy (we don’t want anyone to game the system, after all), we believe that it strikes the right balance of protecting the rights of copyright owners as well as protecting legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or site.
When sending your DMCA Notice to our designated email (firstname.lastname@example.org
) it is required that you include:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
An identification of the copyrighted work claimed to have been infringed;
A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Thero to find and positively identify that material. For example we require a link to the page that contains the material AND a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
Your name, address, telephone number and email address;
A statement that you 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.