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Help:DMCA takedown notice

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Wikia is a vast network of many different fans and communities, all based around documenting information about the subjects that they love. In most cases, the material our users upload is wholly original content that they directly create. Sometimes, a community may include material not directly created by our users. In order for this content to adhere to our Terms of Use, this kind of material must not violate the intellectual property rights of any third party. That generally means the only non-original material permitted on Wikia is used with permission, under a Creative Commons (or similar) license, is in the public domain, or is being used in a way likely to qualify as fair use under U.S. law.

If material is being used without permission or in a way that allegedly violates the rights of copyright holders, Wikia follows the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA).

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) is a U.S. federal law designed to address copyright concerns in the internet context. Among other provisions, the DMCA sets up a system for copyright owners to report infringements directly to the hosting platform that the infringement appears on. If a host or Internet Service Provider (ISP) receives a valid DMCA Takedown Notice and they act to remove the infringing content, they qualify for a safe harbor protecting them from liability for the actions of their users.

Please note that Wikia is not in a position to provide legal advice. If you have questions, you should speak to an attorney.

DMCA Process

Sending DMCA Takedown Notices

If you believe your copyrighted content is being used on Wikia in a manner that violates your rights, you may send a DMCA takedown notice. A takedown notice requires the following information from you or your designated representative:

  1. Your name, address, phone number, and email address;
  2. Your physical or electronic signature (depending on your method of sending);
  3. Information about and/or a link(s) to your copyrighted work that is allegedly being infringed;
  4. A link(s) to the allegedly infringing work on Wikia;
  5. A statement saying that you have a good faith belief that the use of allegedly infringing material is not not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information contained within the notice is accurate;
  7. A statement that you swear, under penalty of perjury, that you are the copyright holder or that you are authorized to act on the copyright holder's behalf.

We recommend that you use our DMCA request form to send a takedown notice. This will allow you to fill in your information and instantly send it to Wikia.

If you are emailing the notice directly, you may send it to copyright@wikia.com. If you are mailing a physical copy, please address the notice to:

Attn: Copyright Agent
Wikia, Inc.
360 Third Street
Suite 750
San Francisco, CA 94107

The information you provide in a takedown notice will be shared with other parties, including the administrators of the wikia, the user who uploaded the allegedly infringing content, and Chilling Effects.

Upon receipt of a valid takedown notice with all the required elements, Wikia will remove the allegedly infringing content. The community where the content was deleted will be notified, via edit and/or deletion summaries (when available), why the content has been deleted. The summary will also include a link to this page, informing them of their rights to file a counter-notice.

It is the responsibility of copyright holders or their designated representative to send a full and complete takedown notice. Wikia cannot help you with this process, so it is recommended that you talk to legal counsel if you have questions about or need assistance with filing a notice. Incomplete and/or invalid notices will not be accepted.

If a particular user account uploads content that accrues three (3) separate DMCA takedown notices, Wikia reserves the right to disable the account, at our discretion, under our repeat infringer policy. Takedown notices for which content has been restored in response to a successful counter-notification do not count as strikes for the purposes of the repeat infringer policy.

Sending a Counter-Notice

If a community believes that they have the right to use the deleted content or that the takedown notice was filed in error, they can file a counter-notice.

A valid and complete counter-notice from you or from your designated agent must have the following required elements:

  1. Your name, address, and phone number;
  2. Your physical or electronic signature (depending on your method of sending);
  3. The following statement: "Under penalty of perjury, I have a good faith belief that the content was removed by mistake or misidentification."
  4. The following statement: "I give my consent to be served a lawsuit in the jurisdiction of my local United States Federal District Court (or any appropriate United States Federal District Court, if I am outside of the United States)."
  5. The following statement: "I consent to accept service of process from the copyright holder and/or their agent who filed the takedown notice."

Valid and complete counter-notices, with the required elements listed above, may be sent to copyright@wikia.com or Wikia's mailing address:

Attn: Copyright Agent
Wikia, Inc.
360 Third Street
Suite 750
San Francisco, CA 94107

Upon receipt of the counter-notice, Wikia will inform the copyright holder of the counter notice. The copyright holder will then have two weeks in which to initiate a lawsuit. If, after two (2) weeks, Wikia has received no notice that a lawsuit has been filed, Wikia will restore the deleted content.

Wikia cannot provide legal advice for counter-notices. As Wikia is merely the host for the material, it is protected by the safe harbor provisions of the DMCA. Submission of a counter-notice could lead directly to litigation with the copyright owner, and if you knowingly make a material representation in the counter-notification you may be subject to further liability. Due to the possibility of a lawsuit, you should fully understand the risks before filing a counter-notice.

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