DMCA Copyright Policy
How to report copyright infringement, what a valid notice must contain, and how to respond with a counter-notice.
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1. Our approach to copyright
1031 MLS respects copyright and expects the people who list on it to do the same. Sellers grant us only the rights described in the Listing Content Licence, and they promise that the content they publish is theirs to publish. If you believe material on 1031 MLS infringes your copyright, this page tells you how to have it removed under the Digital Millennium Copyright Act.
2. Designated agent
Send copyright infringement notices to our designated agent:
Copyright Agent, 1031 MLS
Email: dmca@1031mls.example
Notices sent anywhere other than the designated agent may not be actioned. This agent, and the corresponding registration with the U.S. Copyright Office, are to be confirmed by counsel before launch.
3. What a valid takedown notice must contain
To be effective under 17 U.S.C. § 512(c)(3), your written notice to the designated agent must include all six of the following:
- a physical or electronic signature of the copyright owner or someone authorised to act on their behalf;
- identification of the copyrighted work you claim has been infringed, or a representative list if there are several works at one site;
- identification of the material you claim is infringing and enough information for us to locate it — the listing URL and the specific photograph, for instance;
- information reasonably sufficient to let us contact you, such as your address, telephone number and email address;
- a statement that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and
- a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on their behalf.
A notice missing any of these may not be valid. Note that knowingly making a material misrepresentation in a takedown notice can make you liable for damages under § 512(f).
4. What happens after we receive a notice
When we receive a valid notice, we will remove or disable access to the material and take reasonable steps to notify the person who posted it. We may remove an entire listing where the infringing material cannot be separated from it.
5. Counter-notice
If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the designated agent. A counter-notice must include:
- your physical or electronic signature;
- identification of the material that was removed and the location where it appeared before removal;
- a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification;
- your name, address and telephone number, and a statement consenting to the jurisdiction of the federal district court for the address you provide (or, if outside the United States, of a district in which we may be found); and
- a statement that you will accept service of process from the complaining party.
If we receive a valid counter-notice, we may restore the material in 10 to 14 business days unless the original complainant tells us they have filed a court action seeking to keep it down.
6. Repeat-infringer policy
Accounts that infringe more than once
It is our policy, in appropriate circumstances, to disable and terminate the accounts of members who are repeat infringers. We keep a record of the notices we act on so that a pattern of infringement by one account is visible and can be acted on.