What types of copyright complaints does newTumbl respond to?
newTumbl responds to copyright complaints submitted under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
newTumbl will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our media hosting services, or posts containing links to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements.
Am I a copyright holder? How do I know?
If you are unsure whether you hold rights to a particular work, please consult an attorney or another adviser as newTumbl cannot provide legal advice. There are plenty of resources to learn more about copyright law including http://copyright.gov, https://lumendatabase.org/, and http://www.eff.org/issues/bloggers/legal/liability/IP, to name a few.
What to consider before submitting a copyright complaint
Before submitting a copyright complaint to us, please consider whether or not the use could be considered fair use.
If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user. You can reply to the user’s post or send the user a Direct Message and ask for them to remove your copyrighted content without having to contact newTumbl.
Prior to submitting a formal complaint with newTumbl, please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
Note: In general, the photographer and NOT the subject of a photograph is the actual rights holder of the resulting photograph. If you’re unsure whether or not you own the copyrights to a work, or if you’re infringing upon someone else’s work, please consult an attorney or another advisor.
What information do you need to process a copyright complaint?
To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
- Identification of the infringing material and information reasonably sufficient to permit newTumbl to locate the material on our website or services;
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you are reporting the content of a post, please give us a direct link to that post. Or please specify if the alleged infringement is in the header, avatar, etc. A LINK TO A PROFILE PAGE IS INSUFFICIENT FOR newTumbl TO IDENTIFY INFRINGING MATERIALS.
How do I file a copyright complaint?
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, we will take action on your request - which includes forwarding a full copy of your notice to the user(s) who posted the allegedly infringing material in question.
If you are concerned about your contact information being forwarded, you may wish to use an agent to report for you.
Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a copyright complaint.
How are claims processed?
We process copyright complaints in the order in which they are received.
If we decide to remove or disable access to the material, we will notify the affected user(s) and provide them with a copy of the reporter’s complaint (including the provided contact information) along with instructions on how to file a counter-notice.
What happens next?
newTumbl’s response to copyright complaints may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a copyright complaint, newTumbl will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access.