Copyright Policy and Notice of Copyright Infringement
FileWorks respects the intellectual property rights of others and expects Account Owners, Users, and Guests to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of FileWorks' Copyright Policy. This policy applies to www.FileWorksOnline.com and www.VAExchange.com.
Notice to Users
Pursuant to the Agreement you agreed to when you acquired an account from FileWorks, you are required to use only lawfully-acquired creative works as website content, and your account may be disabled upon receipt of notice that infringing material is stored there.
The Digital Millennium Copyright Act (www.copyright.gov/legislation/pl105-304.pdf), signed into law on October 28, 1998, amended the United States Copyright Act, Title 17 of the U.S. Code, to provide in part certain limitations on the liability of online service providers for copyright infringement. Subsection 512(c) (www.copyright.gov/title17/92chap5.html#512) of the Copyright Act provides limitations on service provider liability for storage, at the direction of a user, of copyrighted material residing on a system or network controlled or operated by or for the service provider, if, among other things, the service provider has designated an agent to receive notifications of claimed infringement by providing contact information to the Copyright Office.
According to section 512(c) of the Digital Millennium Copyright Act, FileWorks qualifies as a "service provider", defined as a provider of online services or network access, or the operator of facilities therefor, including an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received.
Notification of Claimed Copyright Infringement
To be effective, a notification of claimed infringement must be a written communication provided to the designated agent of FileWorks that includes:
- A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or, a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit FileWorks to locate the material.
- Information reasonably sufficient to permit FileWorks to contact the claimant, including name, and address, telephone number, and, if available, an electronic mail address at which s/he may be contacted.
- A statement that the claimant has 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.
- 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.
Sending A Notification of Claimed Copyright Infringement to FileWorks
The notification of claimed copyright infringement must be sent to: Copyright Designated Agent, FileWorks, Inc., PO Box 3181, Incline Village, NV 89450 or Legal@FileWorks.com.
Upon receipt of a notification of claimed copyright infringement or otherwise becoming aware of facts and circumstances from which infringement is apparent, FileWorks will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
- FileWorks will take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
- Upon receipt of a counter notification, FileWorks will promptly provide the claimant who provided the notification with a copy of the counter notification, and inform that person that it will replace the removed material or cease disabling access to it in 10 business days; and
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless FileWorks' designated agent first receives notice from the claimant who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's systems or networks.
To be effective, a counter notification must be a written communication provided to FileWorks' designated agent that includes:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Subpoena To Identify Infringer
A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to FileWorks for identification of an alleged infringer.
The request may be made by filing with the clerk
- a copy of the notification;
- a proposed subpoena; and
- a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.
The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
If the notification filed satisfies the appropriate provisions, the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to FileWorks.
Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification, FileWorks shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether FileWorks responds to the notification.
Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum
FileWorks may, in its discretion, use all appropriate means to terminate access to its systems or networks for those who are repeat infringers.
Accommodation of Standard Technical Measures
FileWorks will accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
FileWorks has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to FileWorks voids any claim of right made by the submitting party.