Last Update: April 7, 2022
Effective Date: April 7, 2022
PNF COPYRIGHT AND DMCA POLICY
This policy explains how the Positive News Foundation (“PNF”, “we”, “us”, in Dutch: Stichting Positive News) responds to claims of the unauthorized use of copyrighted text, images or links to allegedly infringing materials under the Digital Millennium Copyright Act (“DMCA”).
THE DIGITAL MILLENNIUM COPYRIGHT ACT
Section 512 of the DMCA lays out the legal requirements to formally report copyright infringement to a service provider like the PNF. It also explains how the person who posted the content at issue can oppose a notice of alleged infringement by submitting a counter-notice.
A CRUCIAL DETAIL: DO YOU HAVE RIGHTS IN A COPYRIGHTED WORK?
Sending a copyright notice or counter-notice is serious business. The DMCA imposes legal and financial penalties for making fraudulent or bad-faith claims. Make sure you’re the actual copyright holder or that you’ve been authorized to act on a rights holder’s behalf before submitting a takedown notice.
HOW TO SUBMIT A COPYRIGHT NOTICE
To send us a notice concerning copyright infringement, you’ll need to provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf (typing your full name will do);
- Identification of the copyrighted work claimed to have been infringed (e.g., a copy of or link to your original work or clear description of the materials allegedly being infringed);
- Identification of the infringing material and information reasonably sufficient to permit the PNF to locate the material on our services (e.g., a link to the infringing post);
- Your contact information, including your address, telephone number, and 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 notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You can report alleged copyright infringement by emailing the above information to firstname.lastname@example.org
You can also mail a copyright notice to:
Positive News Foundation
Attn. Legal Department
World Trade Center The Hague
Prinses Margrietplantsoen 33
2595 AM Den Haag
The Netherlands (Europe)
HOW PNF RESPONDS TO COPYRIGHT CLAIMS
The PNF’s response to notices of alleged copyright infringement may include removing or restricting access to the allegedly infringing material. If we remove or restrict access to content in response to a copyright notice, we’ll make a good-faith effort to get in touch with the affected account holder to provide information about the situation.
WHEN YOU RECEIVE WORD OF A DMCA NOTICE
If you receive a message from us saying that the content you’ve posted has been removed from PNF, please read it carefully as it may contain information about your options and the nature of the takedown notice we received.
HOW TO FILE A COUNTER-NOTICE
If you receive a DMCA notification about the material you’ve posted and you believe that material was misidentified or removed in error, you can file a counter-notice by following the instructions below.
To submit a counter-notice, please send us the following information:
- A physical or electronic signature (typing your full name will do);
- 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 (the description from the DMCA notice is enough);
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Dutch court in The Hague, The Netherlands, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
To submit a counter-notice, please respond to our original email letting you know about the removal, and include the above information in the body of your reply.
Note: If material removed in response to a DMCA notification is reposted, please email email@example.com immediately. If you believe the content was removed in error, please consider filing a counter-notice instead of re-posting the material.
AFTER YOU SUBMIT A COUNTER-NOTICE
When we receive a valid counter-notice, we’ll promptly forward a copy to the person who sent us the copyright notice. If we aren’t told within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material, we may replace or cease disabling access to the material that was removed.
REPEAT INFRINGER POLICY
The PNF has a policy that provides for the termination in appropriate circumstances of account holders who are repeat infringers. In general, we consider a “repeat infringer” to be a user that has uploaded content to the PNF and for whom the PNF has received more than two takedown notices that are compliant with applicable law with respect to such content. Additionally, we reserve the right to terminate account holders who infringe on a single occasion if the circumstances warrant it.