DMCA
I. Introduction:
BengalSols.com (“Bengal Solutions Limited”) implements the following DMCA Notice and Takedown Policy. Bengal Solutions Limited respects the intellectual property rights of third parties, and expects others to do the same. The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. As part of our effort to recognize the copyrights of third parties, Bengal Solutions Limited complies with the U.S. Digital Millennium Copyright Act (“DMCA”) and is therefore protected by the limitations on liability recognized by 47 U.S.C. § 512; commonly known as the “safe harbor” provisions of the DMCA. Bengal Solutions Limited’s infringement notification procedure, counter notification procedure, and takedown policies, are set forth below.
Bengal Solutions Ltd is registered in Bangladesh and Bangladesh has accredited the WIPO convention namely Paris Act 1971 and is respectful to the law relating to digital copyright namely DMCA.
II. Notice of Claimed Infringement:
- Abuse Warning
The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as Bengal Solutions Limited, requesting that infringing material hosted on Bengal Solutions Limited’s servers be disabled or removed. Importantly, the DMCA imposes significant penalties – including court costs and attorneys fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; HYPERLINK “http://codes.lp.findlaw.com/uscode/17/5/512” 47 U.S.C. § 512(f). Bengal Solutions Limited will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent identified below. - Notification Contents and Procedure
If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to Bengal Solutions Limited’s Designated Copyright Agent, containing the following:- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on Bengal Solutions Limited’s servers (preferably including specific url’s associated with the material);
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Claimants may send their Notice of Claimed Infringement to:
Bengal Solutions Ltd.
2nd Floor, House 283
Road # 19/C, DOHS
Mohakhali
Dhaka- 1213
Bangladesh
abuse@bengalsols.com
Please do not send other inquires or information to our Designated Agent.
III. Take Down Policies and Procedures:
Bengal Solutions Limited implements the following Take Down Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, Bengal Solutions Limited will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. Bengal Solutions Limited reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of Bengal Solutions Limited to terminate the account of repeat copyright infringers, when appropriate, and Bengal Solutions Limited will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. § 512 of the DMCA. The procedure for notifying Bengal Solutions Limited of claimed copyright infringement is set forth in Section II(B), hereof. If the DMCA notice does not comply with § 512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to § 512 of the DMCA, Bengal Solutions Limited shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when Bengal Solutions Limited’s Designated Agent receives a valid notice, Bengal Solutions Limited will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter notification procedures set forth below. Bengal Solutions Limited reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
IV. Counter-Notification Procedures:
If the Recipient of a Notice of Claimed Infringement (“Notice”) believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 47 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 47 U.S.C. § 512(f).
To initiate a counter-notification, the Recipient must submit to Bengal Solutions Limited’s Designated Copyright Agent the following information:
- a specific description of the material that was removed or disabled pursuant to the Notice.
- a description of where the material was located within Bengal Solutions Limited or the Content before such material was removed and/or disabled (preferably including specific url’s associated with the material.)
- a statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following language may be utilized:
- “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.
- a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent. the Recipient’s physical address, telephone number, and email address.
Counter Notifications can be sent to:
Bengal Solutions Ltd.
2nd Floor, House 283
Road # 19/C, DOHS
Mohakhali
Dhaka- 1213
Bangladesh
abuse@bengalsols.com
Please do not send other inquires or information to our Designated Agent.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material. Within ten to fourteen (10-14) days from Bengal Solutions Limited’s receipt of a valid counter-notification, Bengal Solutions Limited will replace or cease disabling access to the disputed material unless Bengal Solutions Limited’s Designated Agent receives notification that that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the SITE’s system or network.
V. Service Provider Customers of Bengal Solutions Limited:
Some of Bengal Solutions Limited’s customers are, themselves, “Service Providers” within the meaning of 47 U.S.C. � 512(k)(1). Accordingly, Bengal Solutions Limited requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of Bengal Solutions Limited’s Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
VI. Modifications
Bengal Solutions Limited reserves the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
F A Q
How do I make a DMCA notification or counter-notification?
Please follow the instructions above precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed above could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.
How does Bengal Solutions Limited determine who “wins” and “loses”?
Bengal Solutions Limited does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined in the real world, by real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world.
Can I submit my notices over email?
Unfortunately, email addresses posted on public website pages quickly become the target of spam, making it difficult to review legitimate communications. Please submit information as requested above; if digital files are necessary to identify materials in question, we can make arrangements for digital delivery.
Can I sign notifications and counter-notifications with my Second Life avatar name?
We will not accept notices that are not signed by a real legal person. The DMCA process is a real-world process with real-world ramifications.
I don’t agree with the required statements. Do I have to state these things?
We will not accept notices under the DMCA that do not include the statements required by the DMCA.
Can you change the DMCA process?
The Digital Millennium Copyright Act is federal law, passed by the United States Congress. Bengal Solutions Limited does not have the power to change congressional acts.
Why is Bengal Solutions Limited imposing liability for damages for false claims of copyright infringement?
The liability for damages for false claims is a provision of the DMCA, which was not written by Bengal Solutions Limited. Note that these damages and legal fees can be significant, for example http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can Bengal Solutions Limited give me legal advice concerning my claim?
Bengal Solutions Limited cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.
Do you terminate accounts based on DMCA claims?
If Bengal Solutions Limited believes that a user of Second Life is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party’s account. Keep in mind though, that Bengal Solutions Limited’s actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
Where can I find more information about the DMCA and other copyright laws?
There are many available resources on the Internet. Bengal Solutions Limited is not responsible for the content provided by these other resources, but we have found the following to be informative:
A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code is here:
http://www.copyright.gov/title17/92chap5.html
More government-provided information on copyrights can be found here:
http://www.copyright.gov
Many universities maintain useful public information regarding copyrights, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu