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The Digital Millennium Copyright Act (DMCA)


The DMCA (Digital Millennium Copyright Act) was passed by the U.S. Congress in 1998 to deal with copyright infringement by electronic means, particularly over the Internet.


NextGenNews and the DMCA

NextGenNews is forced by certain suppliers to have an DMCA policy online, regardless of the fact that the DMCA does not apply to us as an South African company.


Below you will find guidance for drafting and submitting a notification to NextGenNews which will help ensure that your Notice is handled as promptly as possible. It doesn't matter whether you are a big corporation with tons of copyrighted materials or the little guy with a single copyrighted work, your copyright is important to us and we will do what is required to protect your copyrights under the DMCA.


Who can submit a DMCA Notice?

The DMCA only allows the copyright holder or a legally authorized agent of the copyright holder to legally submit DMCA Notices. If you are neither the copyright holder, nor the authorized agent thereof, and you have information on what you believe to be a copyrighted work found on our service, please direct your findings to the copyright holder. Legally, under the DMCA only the copyright holder can identify their property and affirm under the penalty of perjury that it should be taken down.


What information do we need in a DMCA Notice?

A properly formatted DMCA Notice will adhere to the guidelines and principals established by the DMCA itself. The necessary elements of a properly formed DMCA Notice are:

  • Clear identification of the person or entity submitting the DMCA Notice.
  • Clearly stated relationship to the copyright holder (self or authorized agent).
  • Message-IDs for all articles the DMCA Notice is requesting to be taken down. Please keep in mind some files are large enough to be posted across several Usenet articles; these are called multi-part posts. Be certain to identify by Message-ID all articles you want taken down.
  • Clear statement, under penalty of perjury, that the information in the notification is accurate and that you are copyright holder, or authorized to act on behalf of the copyright holder.
  • A "physical or electronic signature" of an authorized person to act on behalf of the owner. This is fulfilled by a name and a physical address that the authorized individual can be contacted should someone wish to contest your notification.
  • While not legally required by the DMCA, including "copyright violation" in the subject line of your email will flag your DMCA Notice and bypass spam categorization.

Submit the Notice to our abuse department, available through our contacts page.


I'm a copyright holder, how do I protect my copyrighted works?

The Internet is a complex place. There are many protocols and applications other than the web, and new methods of sharing information are created all the time. It would be nearly impossible for all but the most technically savvy persons to keep up with the ways the Internet can be used for sharing information. We do not believe technological progress on the Internet is a bad thing; it is merely a reality of the Internet.


Because of the ever-changing environment, and the complexity of policing the Internet at large for copyrighted materials, new businesses have formed to do exactly this job in the digital world on behalf of copyright holders. These online copyright and brand protecting companies have developed systems to monitor the Internet-at-large, and they have a vested interest to remain current with new Internet technologies for their customers. To best protect yourselves from infringement on the Internet, we recommend copyright holders engage such a company.


What will NextGenNews do with a proper Notice?

Once we have proper identification of the infringing material through the Message-IDs, and a well formed DMCA Notice, we will block all identified infringing material forthwith. Lastly, we will respond via email to your Notice informing you that we have deleted the materials you have identified.


 


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