Log In Register

Digital Millenium Copyright Act

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices of alleged infringement to ConSource. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact our contributor of the affected content so that they may make a counter notification.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a past case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Please provide the following:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example or other information sufficient to specify the copyrighted work being infringed.
  2. Identify the particular material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit ConSource to contact you (email address is preferred).
  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:
    The Constitutional Sources Project
    Attn: Hugh Cherry, DMCA Complaints
    c/o Winston & Strawn
    1700 K St, NW
    Washington, DC 20006
    or fax to:
    Attn: Hugh Cherry, DMCA Complaints
    202-315-3680 (fax)