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Digital Millennium Copyright Act (DMCA)

Last Updated on Wednesday, May 18, 2011

The information on this page is provided in response to the Digital Millennium Copyright Act of 1998.

Scope

This information applies to data physically hosted on any Southern Maryland Online Web site (*.somd.com) and any client Web site hosted on any server operated and maintained by Virtually Everything, Inc. the company which owns and operates the somd.com product.  Data is defined as any and all information that can be represented and stored digitally.

How to File a Notice of Infringement with Us

To file a notice of infringement with us, you must provide a written communication by fax or postal mail that sets forth the items specified below.  E-Mail notices will not be accepted.

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.  For example, "The copyrighted work at issue is the text that appears in the first 3 paragraphs of the article located at http://mywebsite.com/this-is-the-article-being-infringed-upon.html." Include a screen capture of said material if this helps clarify the claim.

2. Identify the material, physically located on a server operated by Virtually Everything, Inc., that you claim is infringing the copyrighted work listed in item #1 above.  For example, "The post made by user 'NoSuchUser' that appears on http://forums.somd.com/NoSuchForum/NoSuchPost-1.html and is timestamped 30-JAN-2008 1:00 a.m."  Include a screen capture of said material if this helps clarify the claim.

3. Your contact information, including your physical street address, telephone number, and email address.

4. Include the following statement: "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."

5.  Include the following statement: "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."

6. Sign the paper.

7. Send the written communication to the following address:

Virtually Everything, Inc.
ATTN: DMCA Complaints
P.O. Box 485
California, MD 20619

OR fax to:

(888) 612-0003

You may fax an advance copy if you plan to send the original via postal mail.

What We Will Do With Your Complaint

1) A copy will be sent to the person who posted the allegedly infringing content to make them aware of the complaint and afford them the ability to file a counter notification.

2) Forward a copy, with your personal information removed, to Chilling Effects ( www.chillingeffects.org ).

3) If your request appears bona fide, and we receive no counter-notification from the accused with 15 days, we will remove the disputed content and post a link to your letter.

Resources:

Those who believe their works have been infringed upon, and those who believe they have been falsely accused of copyright infringement may find the following links useful:

1) United States Copyright Office: http://www.copyright.gov/

2) Digital Millennium Copyright Act, H.R. 2281, 105th Congress: http://www.copyright.gov/legislation/hr2281.pdf

3) Information on Fair Use of Copyrighted Materials:

-- http://www.copyright.gov/fls/fl102.html

-- http://en.wikipedia.org/wiki/Fair_use

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