Copyright Infringement Notification Procedure
We fully investigate each and every complaint of copyright or other types of intellectual property infringement. Reports of infringement go through official channels as dictated by the DMCA (Digital Millenium Copyright Act) and the U.S. Copyright Office.
JournalFen has a designated agent, on file and listed with the U.S. Copyright office, to receive complaints and take them through the process.
Please be aware that intentionally false reports of copyright violation will also go through official channels as dictated by the DMCA, and remedies for false reports will be sought, as the DMCA does have provisions for such false reports. We do not discourage lawful, genuine reports of infringements of others' intellectual property rights, but nor will we allow false, nuisance reports to disrupt our users' journaling activities without seeking remedy for malicious disruption.
1) When we receive your notice, we will send a confirmation, noting the exact time of receipt. Within twenty-four hours of receipt of your notice, we will investigate and email you our preliminary findings.
2a) If we have found any material on our service that infringes on your copyright, we will have it permanently removed by the time we send our response, within that twenty-four hours.
2b) If the report is found to be blatantly false and is a nuisance complaint, you have the option to advise us to remove the material anyway, pending your official filing of a federal copyright violation. The claimed material will be removed within another twenty-four hours of your followup request, but please be aware: Your official filing of the alleged violation must be made and we must be notified within 10 days. During that time we will have begun proceedings of our own for remedies for a false report that resulted in the disruption of our business. If you have not initiated official proceedings in that 10-day time, the content will be reinstated.
2c) If the complaint is not blatantly false but is merely in dispute, and you wish to proceed, we will remove the disputed content within twenty-four hours at your request for the duration of resolution of the complaint, and we will proceed at the advice of our attorneys. You would have 10 days from your request for removal of the content to file any official proceedings. If after further consideration, our attorneys advise us in that time period that the material does constitute infringement, we will proactively and permanently remove it without further action on your part.
3) Your notification of copyright violation must contain the following: Legal name, physical contact address, email address, and a statement subject to penalty of perjury describing the copyrighted material, exactly where it is located on our service, and that you are legally entitled to make the claim of infringement-- meaning you are the copyright holder or are a legal, authorized agent of the copyright holder. All personal and contact information will be treated as private and will not be disclosed to any other parties, except attorneys or other individuals who need the information in the course of the investigation and the resolution of the complaint.
JOURNALFEN GENERAL COPYRIGHT POLICY
It is our policy to quickly and thoroughly investigate all complaints of infringement. Infringements involving your copyrighted images and works of fiction or other works of intellectual property will be dealt with swiftly.
NOTE: Credited, brief, direct quotes of publicly posted nonfiction used for purposes of commentary are not considered an infringement of copyright, and are generally held to be covered by the Fair Use provision of the DMCA. The exception to this is a case in which the quote is longer and constitutes a comparitively large portion of the original material.
of copyright or other types of intellectual property rights infringement
may also be submitted either of the following ways:
2 ) mail to our service's Agent of Record:
POLICY IN LAYMEN'S TERMS
Serious, legitimate claims involving copyrighted images or other intellectual property will be removed with no complaints or arguments from JournalFen. We will, and have, acted quickly and thoroughly when these infringements have been brought to our attention.
With textual content, the DMCA generally provides more protection for fiction than nonfiction, but JournalFen adheres to the DMCA guidelines regardless. The Fair Use provision of the DMCA allows for brief, credited, direct quotes for purposes of commentary, whether the text is fiction or nonfiction. If you lodge a complaint because you've been quoted in the course of commentary, we will fight it with everything we have, because we believe in the right to voice our opinions on publicly posted speech and works of fiction.
The DMCA guidelines require that we remove disputed content for the 10-14 period after request of removal, that 10-14 day period being that in which complainants must officially file the federal copyright violation complaint if they intend to do so. JournalFen chooses to select the 10-day option for the filing period. However, if you choose this route merely as a tactic for having material temporarily removed, be aware that we WILL seek damages for deliberate disruption of our services. The DMCA provides this course of action to providers such as JournalFen specifically so complainants do not abuse the complaint process, and we will use the provision if forced to do so. In other words, you cannot use the complaint process as a tactic to save yourself embarrassment or anger at those who comment on your public speech. Individuals have a right to voice opinions as much as copyright holders have the right to their intellectual property. We will fight for our users' right to voice opinions, and we will fight as tenaciously as those with legitimate copyright complaints will fight for their property.
generally consider 48 hours after notification of infringement to remove
or disable access to content under dispute to be sufficient. Our process
fits that guideline, with legitimate violations being acted upon within
24 hours. We reserve the second 24 hour period to give those submitting
malicious/nuisance complaints the opportunity to rescind the request before
we are forced to consider filing for damages for a false report of copyright
infringement. This second 24 hour period will never be used for genuine