DMCA Policy
1. Introduction
At NativeHistoryProject.org, we respect the intellectual property rights of others and are committed to complying with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed on our website, please follow the procedure below to file a DMCA takedown notice.
2. Designated Copyright Agent
If you believe your copyrighted work has been infringed upon, please direct your DMCA notice to our designated copyright agent:
Copyright Compliance Department
Alameda Native Art
2201 Shoreline Drive #6334
Alameda, CA 94501
Phone: 510-747-8423
Email: info@alamedanativeart.com
We may also register this information with the U.S. Copyright Office to benefit from the DMCA’s safe harbor provisions.
3. Takedown Procedure
To file a DMCA takedown notice, you must provide a written communication that includes the following:
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is allegedly infringing and information that is reasonably sufficient to allow us to locate the material on the website (e.g., URL).
- Your contact information, including your full name, address, phone number, and email address.
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
- Your physical or electronic signature (e.g., by typing your name or signing the document).
Once we receive a properly submitted DMCA takedown notice, we will promptly remove or disable access to the infringing content.
4. Counter-Notification Process
If you believe your content was removed due to a mistake or misidentification, you may file a counter-notification. A valid counter-notification must include the following information:
- Your contact information, including your name, address, phone number, and email address.
- Identification of the material that was removed or disabled and the location where it appeared before removal (e.g., URL).
- A statement under penalty of perjury that you have a good faith belief that the material was removed due to a mistake or misidentification.
- Your consent to the jurisdiction of the Federal District Court for the district in which you reside, or if outside the U.S., for any judicial district in which the service provider may be found.
- Your physical or electronic signature.
If we receive a valid counter-notification, we will restore the content unless the original complainant files a court action to prevent it.
5. Repeat Infringer Policy
In accordance with the DMCA, we have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. If you believe that a user of our website is a repeat infringer, please contact our designated copyright agent.
6. Contact Information
For general inquiries regarding our DMCA policy or takedown process, please contact:
Copyright Compliance Department
Alameda Native Art
2201 Shoreline Drive #6334
Alameda, CA 94501
Phone: 510-747-8423
Email: info@alamedanativeart.com
DMCA Takedown Process
Step 1: Submit a DMCA Takedown Notice
If you are a copyright holder and believe your copyrighted work is being infringed on our site, you can submit a DMCA takedown notice as outlined above.
Step 2: Review and Removal of Infringing Content
Once we receive your DMCA takedown notice, we will review it for completeness and take action within a reasonable timeframe. If your notice is valid, we will remove or disable access to the infringing content.
Step 3: Notification to the User
We will notify the user who posted the allegedly infringing content about the takedown notice and any actions taken.
Step 4: Counter-Notification (Optional)
If the user believes the takedown was done in error, they may submit a counter-notification. The counter-notification will be reviewed, and if found valid, the content will be restored.
Step 5: Reinstatement of Content
If no legal action is filed within 10-14 business days after the counter-notification, we will reinstate the removed content. Otherwise, we will maintain the removal until the matter is resolved.
Important Notes:
- Good Faith Requirement: Under the DMCA, both parties (the complainant and the user) must act in good faith when submitting a takedown notice or counter-notice.
- False Claims: Submitting a false DMCA notice or counter-notice may result in legal consequences.