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How DMCA notices are handled at Pagely

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This article gives a brief overview on how Pagely, a US based organization, addresses DMCA (Digital Millenium Copyright Act) notices for content hosted on our infrastructure. For more information regarding the DMCA and U.S. copyright law, please see this article DMCA.

This article is not to be considered legal advice on how to handle the DMCA process, it only acts as a public notification on how Pagely handles the DMCA and DMCA counter-notification process. 

DMCA Notifications

Pagely may receive DMCA notices reporting alleged infringing content on our customer websites. As a service provider, after receiving valid and actionable DMCA notification Pagely team members will take the following steps:

Disable Reported Content

  • The content reported as allegedly infringing within the DMCA notice will be disabled on the domain hosted with Pagely. 

Pagely Client Notified

  • We notify the Pagely client to inform them of the DMCA notice and of the content that has been disabled. The notification is done through our ticketing system which will send out an email to the account owner which includes information on steps taken to remove the alleged infringing content, as well as a copy of the DMCA notification. 

Reporting Party Notified

  • The party which filed the DMCA claim is notified that the content has been disabled and that the Pagely client was notified of the DMCA notice. 

Counter-DMCA Notifications

If the Pagely client believes the DMCA notice was filed fraudulently, a DMCA counter-notice can be filed. Once the Pagely team receives a valid and actionable DMCA counter-notice (as described in the "Contents of counter notification" section the the DMCA law) we will take the following steps:

Reporting Party Notified

  • The party that filed the DMCA claim will be notified of the counter-notification, and forwarded a copy of the counter-notification. 

Pagely Client Notified

  • Our team will update the ticket with our client giving an update that the counter-notice was properly sent to the party which filed the DMCA claim.

Re-Enablement of Content

  • As per the "Replacement of Removed or Disabled Material" section of the DMCA, the content which was disabled must remain disabled for no less than 10 and no more than 14 business days, unless we first receive notice from the person who submitted the initial DMCA notification that they have filed an action seeking a court order to restrain Pagely and/or it's client from engaging in infringing activity relating to the material reported in the initial DMCA notification. If Pagely received such a court order, we will comply the the legal request within the order.

Non-US based clients

Pagely is a US based organization and therefor will follow US based laws such as the DMCA. Pagely clients who are based outside of the US, must still comply with all US based laws on their websites hosted within our network. Pagely clients who are living outside of the US may still file counter notifications which includes specific instructions for non-US based entities which can be found in the "Contents of counter notification" section of the DMCA law.

 

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