DMCA Policy

Introduction

Backrow respects the intellectual property of others and expects its users to do the same. We respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. §512.

This policy explains how to submit a DMCA takedown notice, how a user can submit a counter notification, and how we handle repeat infringers.

Designated Agent

Notices of claimed copyright infringement should be sent to Backrow's designated agent:

We treat email submissions as written notice for purposes of §512. Notices may also be sent by post to the address above, marked for the attention of the Copyright Agent.

Filing a Takedown Notice

To be effective under §512(c)(3), your notice must include each of the six elements below. Notices missing any element may be ignored and have no legal effect.

1. Signature. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
2. Work. Identification of the copyrighted work claimed to have been infringed (or, for a single notice covering multiple works, a representative list).
3. Material. Identification of the material that is claimed to be infringing and that you want removed, with enough detail to let us locate it (URLs, file names, or other unique identifiers).
4. Contact. Your name, mailing address, telephone number, and email address.
5. Good faith statement. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
6. Perjury statement. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on the owner's behalf.

On receipt of a valid notice, we will promptly remove or disable access to the identified material, notify the user who posted it, and provide them with a copy of your notice (with your contact details intact unless you ask us to redact them for safety reasons).

Counter Notification

If your content was removed in response to a DMCA notice and you believe the removal was a mistake or that you have permission to use the material, you may submit a counter notification under §512(g). Your counter notification must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location at which it appeared before removal.
3. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which Backrow may be found), and that you will accept service of process from the person who provided the original notice or an agent of that person.

On receipt of a valid counter notification we will forward it to the original complainant. If the complainant does not file an action seeking a court order within 10 to 14 business days, we may restore the removed material.

Repeat Infringer Policy

Consistent with §512(i), Backrow will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers. We use the following factors to identify repeat infringers:

• The number of valid takedown notices received against the user's content
• The nature and severity of the alleged infringements
• Whether the user filed valid counter notifications
• Whether the user's account has been suspended for infringement previously

Account termination is final at our discretion and does not entitle the user to a refund of unused subscription credits.

Misuse of the DMCA

Submitting a false or bad faith DMCA notice or counter notification carries liability under §512(f) of the DMCA, including for damages and attorneys' fees. If you are not sure whether the material you object to is actually infringing, consult an attorney before filing.