Digital Millennium Copyright Act (DMCA) Policy
TowCapacity.org respects the intellectual property rights of others and is committed to complying with the Digital Millennium Copyright Act of 1998 (DMCA). This page outlines our policy regarding copyright infringement claims and the procedures for submitting takedown notices.
Our Commitment to Copyright Protection
We take copyright infringement seriously and respond promptly to valid DMCA takedown notices. If you believe that content on our website infringes your copyright, we encourage you to notify us using the procedures outlined below.
DMCA Takedown Notice Procedure
How to Submit a DMCA Notice
If you are a copyright owner or an agent thereof, and you believe that content on TowCapacity.org infringes your copyright, you may submit a written notification under the DMCA by sending a takedown notice to our designated agent.
Required Elements of a Valid DMCA Notice
To be effective under the DMCA, your notice must include all of the following elements:
1. Physical or Electronic Signature A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
2. Identification of Copyrighted Work Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
3. Identification of Infringing Material Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including specific URLs or location information sufficient to allow us to locate the material on our website.
4. Contact Information Information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and email address.
5. Statement of Good Faith A statement 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. Statement of Accuracy A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Designated DMCA Agent
All DMCA takedown notices should be sent to our designated agent:
Email: contact[@]towcapacity.org
Subject Line: DMCA Takedown Notice
Mailing Address:
DMCA Agent – TowCapacity.org
[Physical address would be included here for a real business]
Notice Format
We recommend using the following format for your DMCA notice:
DMCA TAKEDOWN NOTICE
To: TowCapacity.org DMCA Agent
I, [your full legal name], hereby state that:
- I am the owner of the copyright in the work described below, or I am authorized to act on behalf of the copyright owner.
- The following copyrighted work has been infringed: [Describe the copyrighted work]
- The infringing material appears at the following location(s) on your website: [Provide specific URLs or location information]
- My contact information is: Name: [Your name] Address: [Your address] Phone: [Your phone number] Email: [Your email address]
- I have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law.
- I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner.
[Your signature] [Date]
Our Response to DMCA Notices
Processing Timeline
Upon receipt of a valid DMCA takedown notice, we will:
- Acknowledge Receipt: We will promptly acknowledge receipt of your notice via email.
- Review Notice: We will review your notice to ensure it meets all DMCA requirements.
- Investigation: We will investigate the claimed infringement and verify the accuracy of the information provided.
- Action Taken: If we determine that the notice is valid, we will remove or disable access to the allegedly infringing material.
- Notification: We will notify the user who posted the content (if applicable) about the removal and provide them with a copy of your takedown notice.
Response Time
We aim to process valid DMCA notices within 5-7 business days of receipt. Complex cases may require additional time for investigation.
Counter-Notification Procedure
If You Believe Content Was Wrongly Removed
If you believe that content you posted was removed or disabled as a result of a mistake or misidentification in a DMCA takedown notice, you may submit a counter-notification.
Requirements for Counter-Notifications
A valid counter-notification must include:
- Your Signature: A physical or electronic signature.
- Identification of Material: Identification of the material that has been removed or disabled and the location where the material appeared before removal.
- Statement Under Penalty of Perjury: A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
- Consent to Jurisdiction: A statement consenting to jurisdiction of the Federal District Court for the judicial district in which your address is located.
- Contact Information: Your name, address, and phone number.
Counter-Notification Process
Send counter-notifications to the same contact information as DMCA takedown notices, with “DMCA Counter-Notification” in the subject line.
Upon receipt of a valid counter-notification, we will forward it to the original complainant. If the complainant does not file a court action within 10-14 business days, we may restore the removed content.
Repeat Infringer Policy
Account Termination
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating user accounts or access privileges of users who are repeat infringers in appropriate circumstances.
Determination of Repeat Infringers
We determine repeat infringers on a case-by-case basis, considering factors such as:
- Number of valid takedown notices received
- User’s response to previous notices
- Good faith efforts to comply with copyright law
- Pattern of infringing behavior
False Claims Warning
Legal Consequences
Please be aware that knowingly making false claims in a DMCA takedown notice may subject you to liability for damages, including costs and attorneys’ fees. Courts have found that false DMCA claims can constitute perjury.
Verification Required
Before submitting a DMCA notice, please ensure that:
- You are the actual copyright owner or authorized agent
- The material is actually infringing your copyright
- The use is not protected by fair use or other legal exceptions
- You have conducted a good faith analysis of the claim
Educational Information
What Is Copyright Infringement?
Copyright infringement occurs when someone uses copyrighted material without permission in a way that violates the exclusive rights of the copyright owner, such as reproduction, distribution, display, or creation of derivative works.
Fair Use Considerations
Not all uses of copyrighted material constitute infringement. Fair use allows limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Public Domain Content
Content in the public domain is not protected by copyright and may be freely used. This includes works where copyright has expired, been forfeited, or is inapplicable.
Content Sources and Attribution
Our Content Practices
TowCapacity.org creates original content and uses information from publicly available sources such as:
- Manufacturer specifications and technical data
- Government safety standards and regulations
- Publicly available automotive databases
- Licensed stock photography and graphics
Proper Attribution
When we use content that requires attribution, we make every effort to provide proper credit and comply with licensing requirements.
International Considerations
DMCA Application
The DMCA is U.S. legislation, but we respect copyright laws worldwide and will consider takedown requests from international copyright holders based on applicable international copyright treaties and laws.
Alternative Procedures
For copyright holders in countries with different takedown procedures, we encourage communication regarding the most appropriate method for addressing copyright concerns.
Contact for Questions
DMCA Policy Questions
If you have questions about our DMCA policy or procedures, please contact us at contact[@]towcapacity.org with “DMCA Policy Question” in the subject line.
Non-DMCA Copyright Concerns
For copyright concerns that may not fall under the DMCA, we encourage direct communication to resolve issues amicably when possible.
Policy Updates
We reserve the right to modify this DMCA policy as needed to ensure compliance with applicable laws and best practices. Updates will be posted on this page with the revision date noted.