Copyright and DMCA notices

This is a translation for convenience. The Italian version is the one that governs.

Claims of copyright infringement are taken seriously. FanDistrict responds to notices that comply with the Digital Millennium Copyright Act (the “DMCA”) or any other applicable intellectual property law. A response may include removing the material, blocking or disabling access to it and, where appropriate, restricting or terminating the access of whoever uploaded it.

How the material gets here

FanDistrict does not create content. What is published comes from uploads by its users and from submissions by third parties under an upload licence, and it is published with attribution to the creator and a link to her official channel. Every upload is reviewed before publication; a review is not a determination of title, however, so a claim remains possible, and is handled by the procedure set out here.

Filing a notice

Asking for content to be removed means starting a legal process: do not make false claims. Misuse of this process may lead to legal liability. Free-form notices are accepted, provided they set out substantially the six elements Section 512(c)(3) requires:

• identification of the copyrighted work you believe has been infringed, or a representative list where several works are involved;
• identification of the material complained of, precisely enough for it to be located;
• adequate information to contact you: an email address, and an address and telephone number if you have them;
• a statement that you have a good faith belief that the use complained of is not authorised 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 are authorised to act on the owner’s behalf;
• your signature, physical or electronic: typing your full legal name is sufficient.

Notices and counter-notices are accepted in Italian and in English. A notice written in another language may be deemed non-compliant.

What establishes your standing

None of the following is required by law and none of it conditions the examination of a notice. It is there to establish that the sender is who they say they are, because the text of an email on its own does not say so; and it is what allows a notice to be handled within the times given below:

• for each work, where it was first published: the address of the original publication and its date, or the registration details. That is the reference which allows the work complained of and the work you own to be established as the same one;
• the exact addresses of the pages complained of, one per line, each set against the work it corresponds to. A general reference to a name, a profile or a section of the site does not allow the material to be located;
• the capacity in which you act: copyright owner, exclusive licensee, or authorised representative. If you act for someone else, the owner’s name and the details of the mandate;
• the notice itself, signed, as a single PDF: the same content as the message, with your signature at the foot of it. A scan and an electronic signature are equally acceptable;
• proof of your standing, as a PDF. If you are the owner: a document connecting your name to the work — the page or profile it was first published from, a registration, an assignment or licence agreement. If you act for someone else: the written mandate, signed by the owner, with their contact details.

None of this replaces the elements listed above or adds to them as a matter of law, and its absence does not prevent examination: a notice containing the six elements of Section 512(c)(3) is examined in any case. Without them, however, establishing standing takes longer and the notice falls outside the processing times given below.

Where to send it

A subject line in the form “DMCA”, followed by the name of the rights holder and the number of addresses complained of — for example “DMCA — Mario Rossi — 3 URLs” — helps with routing and speeds up handling. Every notice sent to this address reaches the agent regardless of its subject.

The agent designated to receive DMCA notices and counter-notices can be reached at [email protected]. Alternatively, you may use the reporting form under the category “Copyright or licence infringement”: that puts the claim in a tracked queue and guarantees a reasoned decision. This address is designated solely for DMCA notices and counter-notices; other enquiries may not receive a response.

Designated copyright agent

Name

FND SERVICES LTD

Address

House of FrancisRoom 303Ile Du PortMaheSeychelles

Email

[email protected]

Once, and complete

A notice is filed once and must be complete when it arrives. There is no multi-step procedure: nothing is chased up, no correspondence is opened, and a notice is judged on what it contains at the moment it is received.

• a notice containing everything required is acted on and receives a single reply: the reasoned decision and, where it is well founded, confirmation that the material has been removed;
• a notice that does not contain them is not acted on and receives no reply;
• the one exception is required by Section 512(c)(3)(B)(ii): where a notice identifies the work, gives the addresses complained of and carries valid contact details but lacks one of the other elements, a message is sent saying what is missing. It is the only one, and it does not open an exchange;
• nothing prevents a fresh, complete notice being filed; it is handled like any other.

This governs how the procedure is run and does not displace the duty to act on a notice that substantially complies with Section 512(c)(3).

What happens next

Processing a valid notice normally takes between 10 and 14 days from receipt, and in any event no more than 14; actual times depend on how complete the notice is and on operational factors. Where it is well founded, the material is removed or made inaccessible from every public page of the site. The reasoned decision is sent to the address you wrote from. Whoever uploaded the material is told it has been removed, so that they may file a counter-notice, and the contents of the notice may be passed on to them for that purpose.

Counter-notice

If you believe material you uploaded was removed or disabled as a result of mistake or misidentification, you may file a counter-notice. It must come from the original uploader or from a person authorised to act on their behalf, and must contain:

• your full legal name, physical address, telephone number where available, and your signature, physical or electronic;
• identification of the material that has been removed or disabled and the address at which it appeared before removal;
• a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• a statement that you consent to the jurisdiction of the United States Federal District Court for the district in which you are located or, if you are outside the United States, for any district in which the service provider may be found, and that you will accept service of process from the person who filed the original notice or their agent.

Counter-notices that do not contain these elements are not processed. On receipt of a valid counter-notice, it may be forwarded to the person who filed the original notice, who will be told that the removed material may be restored after 10 business days and no later than 14, unless notice is received in the meantime that court action has been filed.

Notices that are not acted on

To prevent abuse of this process, FanDistrict reserves the right to disregard notices that:

• are incomplete, inaccurate or unverifiable;
• do not contain sufficient detail to locate the material complained of;
• appear to be submitted without proper authorisation;
• are submitted in a manner that indicates automated or abusive use of the process.

Repeated submission of invalid or abusive notices may result in such submissions being ignored or blocked. Failure to comply with the requirements of Section 512(c)(3) of the DMCA may render a notice ineffective.

Repeat infringers

In accordance with the DMCA and other applicable laws, FanDistrict maintains a policy of terminating or restricting access, in appropriate circumstances, for those determined to be repeat infringers. Access may also be restricted or terminated for anyone who infringes intellectual property rights, whether or not there is repeat infringement.

False statements

Anyone who knowingly materially misrepresents that material or activity is infringing is liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA. Unfounded claims take time away from founded ones.

On what this site is and who holds the records, see the 2257 statement.