1. Overview
Enovitec Media Network, operated by Enovitec Group LLC, is deeply committed to upholding intellectual property rights. This policy outlines our comprehensive procedures for addressing claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other relevant copyright laws. We take copyright infringement seriously and expect our users to respect the rights of content creators. This policy applies to all our digital properties, including the websites and platforms listed below.
1.1 Covered Properties: This DMCA policy applies to all content published on, or submitted to, the following digital properties:
1.2 Policy Scope: This policy covers all types of content hosted on our platforms, including:
Editorial content and articles
User-generated content (comments, forum posts, submissions)
Images, videos, and all other multimedia content
Social media posts and shared content
Email newsletters and other communications
Mobile applications and digital platforms
2. Copyright Protection Commitment
Our commitment to copyright protection is unwavering. We have implemented robust measures to safeguard the intellectual property of creators while providing a platform for legitimate expression and fair use. Our policies are designed to be transparent, efficient, and fair to all parties involved. We strive to create an environment where original work is respected and protected.
2.1 Prohibited Activities: You may not use our services to infringe on anyone’s copyright. This includes, but is not limited to:
Uploading or sharing copyrighted materials without permission.
Using copyrighted images, text, or videos without proper licensing or attribution.
Creating derivative works from copyrighted material without authorization.
2.2 User Responsibility: As a user of our services, you are solely responsible for ensuring that the content you upload, post, or share does not infringe on the copyright of others. You must have the necessary rights or permissions for any content you submit.
3. DMCA Compliance
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides a safe harbor for online service providers from liability for copyright infringement. As a service provider, Enovitec Media Network complies with the DMCA's notice and takedown procedures. This means we will promptly remove or disable access to content that is reported as infringing, provided the notice meets the statutory requirements of 17 U.S.C. § 512.
3.1 Safe Harbor Protection: Our compliance with DMCA procedures helps us maintain safe harbor protection. This requires us to:
Adopt and reasonably implement a repeat infringer policy.
Designate a copyright agent to receive takedown notices.
Respond expeditiously to valid notices of infringement.
Not benefit from the infringing activity and act promptly to remove content upon receipt of a valid notice.
3.2 Importance of Compliance: Adhering to the DMCA is crucial for protecting both copyright holders and our platform. It provides a clear legal framework for addressing infringement claims and ensures that legitimate content is not unfairly removed.
4. Designated Copyright Agent
4.1 Agent Information:
Copyright Agent
Enovitec Group LLC
4498 Main Street
Buffalo, NY 14226
United States
Email: contact@enovitec.com
4.2 Communication Methods: DMCA notices should be submitted to the designated Copyright Agent via the email address provided above. This is our preferred and most efficient method for handling such notices. Please do not send non-DMCA-related inquiries to this address.
4.3 Business Hours and Response:
Standard Hours: Monday-Friday, 9:00 AM - 5:00 PM EST
Emergency Contact: Available for urgent copyright matters outside of standard hours
Response Time: We aim to acknowledge and review all properly formatted notices within 24-48 hours.
Languages: English (primary), Spanish and French are available upon request.
5. Filing a DMCA Takedown Notice
5.1 Before Filing a Notice: Please carefully consider the following before submitting a takedown notice:
Is the use of your work considered fair use (e.g., for commentary, criticism, news reporting)?
Do you genuinely own or control the copyright to the work in question?
Have you verified that the content on our site is, in fact, an infringing copy?
Could you resolve the issue by contacting the content creator directly?
Be aware that filing a false claim can lead to legal penalties and liability for damages.
5.2 Notice Requirements: To be valid, your DMCA takedown notice must include all elements required by 17 U.S.C. § 512(c)(3)(A):
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work that you claim has been infringed.
Identification of the material on our services that you claim is infringing, along with a URL or other information sufficient to locate it.
Your contact information, including your name, mailing address, telephone number, and email address.
A statement of good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.
5.3 Preferred Notice Format: For the most efficient processing, please use the following template:
Subject Line: DMCA Takedown Notice - [Brief Description]
Copyright Owner Information:
Full legal name
Title/relationship to the copyright owner
Complete contact information (address, phone, email)
Copyrighted Work Description:
Title and detailed description of the copyrighted work
Copyright registration number (if applicable)
Original URL where the work can be found
Infringing Content Identification:
Specific URL(s) of the infringing content on our platforms
A clear description of the material you believe is infringing (e.g., "the image on the top right," "the full article text")
Required Statements:
[Insert Good Faith Statement here]
[Insert Accuracy and Authority Statement here]
Signature: [Your full legal name as an electronic signature]
6. Required Information for Takedown Notices
For a takedown notice to be considered valid and processed quickly, it must contain specific information as outlined in DMCA Section 512(c)(3)(A). Failure to provide all of the required information may result in delays or an inability to process your request.
6.1 Signature: Your notice must include a physical or electronic signature. An electronic signature can be your full legal name at the bottom of the email or a digital signature attached to a PDF.
6.2 Identification of Copyrighted Work: You must clearly describe the work you believe is being infringed. A link to the original work or a copy of the work itself is highly recommended.
6.3 Identification of Infringing Material: Provide a clear and specific URL or other identifier that points to the exact location of the infringing content on our services.
6.4 Contact Information: Your notice must contain up-to-date and complete contact information so we can follow up on the notice if needed.
6.5 Good Faith Statement: You must state that you 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."
6.6 Accuracy Statement: You must also state that "the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Takedown Notice Processing
7.1 Initial Review Process: Upon receiving a DMCA takedown notice, our Copyright Agent will take the following steps:
Acknowledge Receipt: We will send you an email confirmation within 24 hours.
Verify Completeness: We will check that all the required information from Section 6 is present. Incomplete notices will be rejected, and we will inform you of the missing information.
Authenticate Identity: We will take reasonable steps to verify that the notice is from the copyright owner or an authorized representative.
Review Content: Our team will review the reported content for potential infringement.
Assess Fair Use: We will consider whether the use of the content might qualify as fair use under copyright law.
7.2 Content Removal Process: For valid and complete notices, we will:
Immediately Remove or Disable Access: We will take the reported content offline or disable access to it as quickly as possible.
Notify Content Creator: If the content was posted by a user, we will notify them of the takedown and provide them with a copy of the takedown notice.
Document Action: We will meticulously document the takedown action, including timestamps and details of the content removed.
Preserve Evidence: We will preserve a copy of the infringing material for a reasonable period in case of future legal proceedings.
7.3 Expedited Processing: We offer expedited processing for urgent matters involving:
Live streaming or real-time content where immediate action is required to prevent further distribution.
Commercial harm or revenue loss that is actively occurring.
Large-scale systematic infringement campaigns.
Court orders or legal deadlines that require rapid compliance.
Our goal for these urgent cases is to respond within 4-6 hours during business hours.
8. Counter-Notification Process
8.1 Right to Counter-Notify: If your content was removed due to a DMCA takedown notice and you believe it was removed by mistake or misidentification, you have the right to file a counter-notification under DMCA Section 512(g).
8.2 Counter-Notification Requirements: Your counter-notification must be in writing and include:
A physical or electronic signature.
Identification of the content that was removed and the location where it appeared before removal.
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."
Your name, address, and telephone number.
A statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you are outside the U.S., for any judicial district in which Enovitec Media Network may be found).
A statement that you will accept service of process from the person who provided the original takedown notice.
8.3 Counter-Notification Process:
Submission: Submit your counter-notification to our designated Copyright Agent.
Review: We will review your counter-notification for completeness within 24-48 hours.
Notice: We will forward a complete counter-notification to the original complainant, giving them a copy of your name, address, and other contact information.
Restoration: If the original complainant does not file a court action against you within 10-14 business days of receiving the counter-notification, we will restore the removed content.
9. Repeat Infringer Policy
We take a progressive approach to handling repeat infringers to ensure a fair and educational process.
9.1 Progressive Enforcement:
First Infringement: We will remove the content and issue a warning notice. We will also provide educational materials to help the user understand copyright law and proper content sourcing.
Second Infringement: We will remove the content and issue a more formal warning. This may include a temporary suspension of content submission privileges and a requirement to complete a copyright education course.
Third Infringement: This will result in permanent account termination. All of the user’s content will be removed, and they will be banned from using our services.
9.2 Appeals Process: If your account is suspended or terminated under our repeat infringer policy, you may appeal the decision. Appeals must be in writing and include:
A detailed explanation of why the infringement determination was a mistake.
Evidence of authorization or fair use for the content in question.
Documentation showing that you have changed your content creation practices to prevent future infringement.
10. Fair Use and Editorial Content
10.1 Fair Use Protection: We recognize and respect the doctrine of fair use, a key legal principle that permits the limited use of copyrighted material without permission from the copyright owner. Fair use is crucial for:
News Reporting: Quoting or using portions of copyrighted work to inform the public.
Criticism and Review: Using content to analyze or comment on a work.
Educational Content: Incorporating copyrighted material for teaching or instructional purposes.
Parody and Satire: Using copyrighted work for comedic or satirical commentary.
Research and Scholarship: Using content for academic research and publication.
10.2 Fair Use Analysis: When evaluating a fair use claim, we consider the four factors of fair use:
Purpose and Character of the Use: Is the use for a transformative, non-commercial purpose, or is it a direct commercial use?
Nature of the Copyrighted Work: Is the work factual and published, or is it unpublished and highly creative?
Amount and Substantiality of the Portion Used: How much of the original work was used, and was it the "heart" of the work?
Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work: Does the use harm the original work's market or potential market?
10.3 Editorial Standards: Our editorial team is trained to adhere to fair use principles. We strive to:
Use only the amount of content necessary for our purpose.
Add new commentary, analysis, or perspective to the work we use.
Provide proper attribution to the original creator.
11. False Claims and Penalties
Submitting a false or fraudulent DMCA takedown notice or counter-notification has serious legal consequences.
11.1 Legal Liability: The DMCA states that any person who knowingly and materially misrepresents that material or activity is infringing, or that material or activity was removed by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner, or the service provider.
11.2 Consequences of False Claims: We take false claims seriously. Any individual who submits a fraudulent notice will be subject to account termination and may face legal action from the affected parties. Our policies are designed to protect both content creators and users from such abuses.
12. International Copyright Considerations
While our policy is primarily based on the U.S. DMCA, we recognize that copyright laws vary globally.
12.1 Jurisdiction: Our services are hosted in the United States, and all DMCA claims are processed under U.S. law. However, we acknowledge and may consider valid takedown requests from international copyright holders.
12.2 International Treaties: We comply with international treaties such as the Berne Convention, which govern copyright protection across different countries.
12.3 Legal Guidance: International copyright holders should consult with legal counsel in their own jurisdiction to understand their rights and how they may be enforced on our platforms.
13. User-Generated Content
We are a platform that hosts user-generated content, which is why this policy is so important.
13.1 Hosting Platform: We do not pre-screen or monitor user-generated content for copyright infringement. Our role is to act as a hosting platform and respond to infringement claims when they are brought to our attention through the proper channels.
13.2 User License: By uploading content to our platforms, users grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content for the purpose of operating our services. However, this license does not affect the underlying copyright ownership of the content.
13.3 Notification: Users are informed that their content may be removed if a valid DMCA takedown notice is filed against it. They are also informed of their right to file a counter-notification.
14. Content Removal Timeline
14.1 Standard Processing Timeline: Our standard timeline for processing a complete and valid DMCA notice is designed for efficiency and fairness.
Notice Receipt and Acknowledgment (0-24 hours): We will acknowledge receipt of your notice, verify its completeness, and begin our initial assessment.
Content Removal (1-3 business days): If the notice is deemed valid, the infringing content will be removed or access will be disabled within this timeframe. We will notify the user and document the action.
14.2 Expedited Processing: For urgent and time-sensitive matters, we offer an expedited process.
0-4 hours: Initial review and validation of the urgent notice.
4-8 hours: A decision is made regarding content removal.
8-12 hours: The infringing content is removed, and all parties are notified.
12-24 hours: Documentation is completed, and follow-up is initiated.
14.3 Factors Affecting Timeline:
Accelerating Factors: Complete and properly formatted notices, clear documentation, and obvious infringement will expedite the process.
Delaying Factors: Incomplete notices, disputed ownership, complex fair use considerations, or international legal issues may cause delays.
15. Contact Information
15.1 Contact Information:
Enovitec Group LLC
4498 Main Street
Buffalo, NY 14226
United States
15.2 Contact Methods:
General Inquiries: contact@enovitec.com
Media Related: media@enovitec.com
DMCA Notices: All DMCA notices and counter-notifications should be sent to our designated Copyright Agent at the email address listed in Section 4.
