Digital Millennium Copyright Act (DMCA)

Notifications and Counter Notifications

Updated: Sunday, November 23, 2014


UNIMUNDO respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Unimundo Site do not infringe any third party copyright.
 
However, just because you claim your United States (“U.S”) copyright has been infringed it is not enough evidence of the copyright violation.  You need to be prepared to prove that you do own the alleged U.S. copyrighted material by providing evidence that you own the U.S. copyright and also be prepared to fully identify yourself as well as to providing sufficient evidence linking you to the alleged copyrighted material. 


UNIMUNDO will promptly remove materials from the Unimundo Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe your copyright and/or a third party's copyright. In addition, UNIMUNDO may under the  appropriate circumstances, terminate the accounts of repeat copyright infringers.  See Footnote 1.
 
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
 
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
 
1. Your name, address, telephone number, and email address (if any);

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where on the Unimundo Site the material that you claim is infringing may be found, sufficient for UNIMUNDO to locate the material (e.g., the URL);

4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

5. A Notarized statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;

6. Your electronic or physical signature.  See Footnote 2.

 
You may submit this information via:

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Off-line: Unimundo Copyright Agent
9370 Field Ertel Road, Suite 831
Cincinnati, Ohio.  45249
 
Filing a DMCA Counter-Notification to Restore Removed Content
 
If you believe that your material has been removed by mistake or misidentification, please provide UNIMUNDO with a written counter-notification containing the following information:
 
1. Your name, address, and telephone number;

2. A description of the material that was removed and the location on the Unimundo Site (e.g., the URL) where it previously appeared;

3. 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;

4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which UNIMUNDO may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person;

5. Your electronic or physical signature.  See Footnote 2.
 
You may submit this information via:
 
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Off-line: Unimundo Copyright Agent
9370 Field Ertel Road, Suite 831
Cincinnati, Ohio.  45249
 
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will  removed the materials. Until that time, your materials will remain on Unimundo. We will provide a copy of the original DMCA take down notice upon request.
 
Repeat Infringer Policy
 
UNIMUNDO will terminate user accounts that have been the subject of three (3) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, UNIMUNDO will treat the underlying DMCA notice as withdrawn.
 
UNIMUNDO reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Unimundo’s Terms of Service.
 
Warning
 
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.  Additionally, all statements you make must be made under the penalty of perjury.
 
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
 
Unimundo may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material, and may provide DMCA notices to Chilling Effects
 
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
 
Unimundo's Copyright Agent
 
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to UNIMUNDO’s Copyright Agent:
 
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Off-line: Unimundo Copyright Agent
9370 Field Ertel Road, Suite 831
Cincinnati, Ohio.  45249

 

TERMS & CONDITIONS OF USE: While forms are commonly used and available elsewhere around the Internet it is important to understand the limitations provided by forms. A form, by its very nature, is previously written, usually to address a typical situation. Unfortunately, in law there are few typical situations. While a form will be useful for some, the use of a form should not be viewed as a replacement for competent legal advice adapted to your particular situation.

 
Footnote 1:

The United States Digital millennium Act (“DMCA”) is an Act that applies to the United States only. Other countries have adopted similar laws.
 
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
 
On May 22, 2001, the European Union passed the Copyright Directive or EUCD, which addresses some of the same issues as the DMCA. The DMCA's principal innovation in the field of copyright, the exemption from direct and indirect liability of internet service providers and other intermediaries (Title II of the DMCA), was separately addressed, and largely followed, in Europe by means of the separate Electronic Commerce Directive. (Unlike U.S. federal laws and regulations, the execution of European Union directives usually requires separate legislation by or within each of the Union's member states.)

 

Footnote 2:

Illustration of the Take down and put back provisions

Take down example.  Here is an example of how the take down procedures would work:

    Mary uploads a video with copy of Mario's video on UNIMUNDO.
    Mario, searching the Internet, finds Mary’s copy of the uploaded video.
    Jennifer, Mario’s lawyer, sends a letter to UNIMUNDO's designated agent via email to This email address is being protected from spambots. You need JavaScript enabled to view it. including:
        1.  Contact information;
        2.  The name of the song that was copied;
        3.  The URL address of the copied video;
        4.  a statement that he has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
        5.  A statement that the information in the notification is accurate;
        6.  A statement that, under penalty of perjury, Charlie is authorized to act for the copyright holder;
        7.  His signature;
        8.  UNIMUNDO takes the video down.
    UNIMUNDO informs Mary the video was taken down.
    Mary now has the option of sending a counter-notice to UNIMUNDO, if she feels the video was taken down unfairly. The notice includes:
        1.  Contact information
        2.  Identification of the removed video
        3.  A statement under penalty of perjury that Alice has a good faith belief the material was mistakenly taken down
        4.  a statement consenting to the jurisdiction of Alice's local U.S. Federal District Court, or, if outside the US, to a US Federal District Court in any jurisdiction in which YouTube is found.
        5.  Mary's signature
    If Mary does file a valid counter-notice, UNIMUNDO notifies Bob, then waits 10-14 business days for a lawsuit to be filed by Mario.
    If Mario does not file a lawsuit, then UNIMUNDO is free to put the video and/or media back up.


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