DMCA COUNTER NOTICE
How to submit a valid DMCA takedown notice in relation to an Author’s item on Edustore.NG
If you believe someone is using your copyright content without permission, you can use the Digital Millennium Copyright Act (DMCA) process by sending us a DMCA takedown notice. As the service provider of the Edustore.NG platform, we act promptly when we receive valid DMCA takedown notices.
Please make sure you understand what rights you are claiming before you submit a DMCA takedown notice because it is a serious legal document. Consider whether you need legal advice. It’s really important not to make false claims as this could have serious legal consequences.
If the DMCA takedown notice is not in a valid format we will ask you to resubmit with the missing information.
For us to action a DMCA takedown notice it must be in a valid format, which means it must include the information set out at points 1-5 below. We’ve set out an example template
- Explain the content in the Author’s item that you claim infringes your copyright, including a description and where we can find it the Author’s item – include the URL;
- Explain your copyrighted content and let us know where we can see this published – include the URL;
- Give us a detailed explanation about how you believe the content in the Author’s item violates your copyright;
- Include your full name and contact details, including your address, phone number and email address;
- Include the following two statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” AND
“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
By law, you need to sign and date your DMCA takedown notice. If you send us the information via Edustore.NG email (firstname.lastname@example.org) please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you’ll need to scan the document and attach it to the email.
We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person, who is the author of the item you have identified, can submit a DMCA counter-notification if they disagree with your DMCA takedown notice, and they might contact you directly using your contact details.
The content in the Author’s item in question will generally be disabled from Edustore.NG when we receive a DMCA takedown notice, so we recommend that before you issue a DMCA takedown notice, you screenshot any relevant pages including the Author profile page and relevant site pages for your records. If we receive a counter-notification and you have not confirmed to us that you’ve filed court proceedings against the Author within 10 business days, we will re-enable the content within 14 business days of receiving the counter-notification.