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DCMA policy

DMCA Policy

Copyrights

When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.

In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.

The Nerd Cave accepts unsolicited designs from independent artists who are informed and have agreed to The Nerd Cave’s policies concerning the intellectual property rights of others. All designs selected by The Nerd Cave are new, original, and/or transformative works that may parody, satirize, or provide social commentary on other copyrighted works. The Nerd Cave and the selected designs make only fair use of the copyrighted works of others. The Nerd Cave respects the copyrights of others, and The Nerd Cave is not affiliated with the owners of the copyrights to which the selected designs may refer.

It is The Nerd Cave’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. The Nerd Cave’s response may include removing or disabling access to a design claimed to be infringing. If The Nerd Cave removes or disables access in response to such a notice, The Nerd Cave will make a good-faith attempt to contact the independent artist who submitted the design to The Nerd Cave so that the artist may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.

Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.

 

Notice and Takedown Procedure - Reports and Complaints

Instructions for Copyright Owners

The Nerd Cave will respond to notifications that contain the following:

  • A description of the design that is claimed to be infringing and its URL on the The Nerd Cave website.
  • A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.
  • A statement providing the basis for the complaint.
  • The following contact information
    • The complaining party’s full legal name
    • The authorized agent’s full legal name (if applicable)
    • A postal address for contacting the complaining party
    • An e-mail address for contacting the complaining party
    • A phone number for contacting the complaining party
  • The following statements
    • “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
    • “This notification is accurate.”
    • “UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
    • “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”
  • Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner)

The complaining party or authorized agent thereof should file the notification by contacting The Nerd Cave at http://thenerdcave.com/pages/contact-us

Upon receipt of a complete notification, The Nerd Cave will remove or disable access to the design that is claimed to be infringing from the The Nerd Cave website. The independent artist who submitted the design will be forwarded a copy of the notification and will be alerted that access to the design has been removed or disabled.

 

Instructions for Independent Artists

Any complaining party or authorized agent thereof following the procedures above can require The Nerd Cave to remove or disable access to copyrighted content. When The Nerd Cave receives a proper notification from a complaining party or authorized agent thereof, The Nerd Cave will immediately comply. This is a legal requirement; you will not receive advance warning and you will not be given an opportunity to “fix it” first.

If you are found to repeatedly submit infringing designs, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. The Nerd Cave considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting designs.

The Nerd Cave will respond to counter-notifications that contain the following:

  • A description of the design that is claimed to be infringing and its URL at the The Nerd Cave website before access to the design was removed or disabled.
  • A statement why the claim of copyright infringement should be rejected.
  • The following contact information
    • The responding party’s full legal name.
    • The authorized agent’s full legal name (if applicable).
    • A postal address for contacting the responding party.
    • An e-mail address for contacting the responding party.
    • A phone number for contacting the responding party.
  • The following statements
    • “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
    • “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
    • “I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”
    • “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.”
  • Your authority for submitting the counter-notification (e.g., independent artist who submitted the design, authorized agent of independent artist who submitted the design)

The responding party or the authorized agent thereof should file the notification by contacting The Nerd Cave at http://thenerdcave.com/pages/contact-us

If The Nerd Cave receives your counter-notification, but your design does not comply with The Nerd Cave Artist’s Agreement and/or the The Nerd Cave Terms of Use, The Nerd Cave may inform you that The Nerd Cave is not be able to reinstate your work. The Nerd Cave may also request further information from you in order to determine whether the work can be reinstated.

In many circumstances, The Nerd Cave will forward your counter-notification (including the contact information in Section 3.4.3) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact The Nerd Cave to request that The Nerd Cave reinstate your work. If your work otherwise complies with The Nerd Cave Artist’s Agreement and/or the The Nerd Cave Terms of Use, The Nerd Cave may reinstate your work at that time.