Copyright Policy

Fextralife respects the intellectual property rights of others and expects its users to do the same. It is Fextralife’s policy, under appropriate circumstances and at Fextralife’s discretion, to  terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

 

In accordance with the Digital Millennium Copyright Act of 1998, Fextralife will respond expeditiously to claims of copyright infringement committed using the Fextralife website (the “Site”) that are reported to Fextralife ‘s Designated Copyright Agent, identified in the notice process below.

 

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements within the Site by completing a DMCA Notice of Alleged Infringement and delivering it to Fextralife’s Designated Copyright Agent via email. Upon receipt of the Notice as described below, Fextralife will take action, in its sole discretion, as it deems appropriate. We will terminate accounts and ban the IPs of repeat infringers, and our terms of service and licenses asks users to confirm the material was either in the public domain or within their legal ownership for them to submit to the website. These terms have been available on-site since its inception in 2013.

What is Copyright?

Original work that is fixed in a physical medium. The creator of this original work has the exclusive right to use the work in specific ways for a limited period of time.

We are not able to mediate rights ownership disputes. When we receive a DMCA notice, we remove the content as the law requires. When we receive a valid counter notification, we forward it to the person who requested the removal. After this, it’s up to the parties involved to resolve the issue in court.

 

Copyright Holders: Infringing Content

If you find infringing content on the website, you may take several steps.

a) If it is in a public and editable wiki, you may remove this content yourself

b) If you are unable to edit this, you may contact organizers for assistance.

c) Submit a Copyright Notice

Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:

Notice of Infringement – Claim

  1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
  4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
  5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.
DMCA Agent

Richard A. Chapo, Esq.

SoCalInternetLawyer.com

PO Box 373

Pine Valley, California 91962

Phone: (800) 966-1679

Email: dmcacomplaint@socalinternetlawyer.com
Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

  1. Your physical or electronic signature.
  2. A description of the material that has been taken down and the original location of the material before it was taken down.
  3. 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 of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
  5. Email your counter notice to our DMCA Agent:

Richard A. Chapo, Esq.

SoCalInternetLawyer.com

PO Box 373

Pine Valley, California 91962

Phone: (800) 966-1679

Email: dmcacomplaint@socalinternetlawyer.com
Repeat Infringer Policy

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

FAQ

 

General copyright questions

As an Internet Service Provider, Fextralife.com claims Safe Harbor policies and no liability over user generated content. It is the contributor’s responsibility to verify that a work is indeed in the public domain before adding it to any of our wikis or forums. There is no official list of works in the public domain. These are recommended sources for understanding of copyright issues: Columbia University Libraries and the Copyright Information Center at Cornell University. You may also visit the The European Commission’s website , however our content is hosted in the United States. These links are presented for educational purposes only.

 

 

Questions for copyright owners

Can I request the removal of an entire work because there’s a portion of my content in it?

No. You are required to identify any allegedly infringing content by its URL and provide specific details of the page content that is infringing.

  • Copyright takedowns are formal, legal requests that require specific elements in order to be complete and actionable.
  • Incomplete or otherwise invalid copyright requests will necessitate a request for further information.
  • If you do not provide a complete request, we won’t be able to take action on your request, as per Copyright Law.
  • You may submit DMCA notifications to our copyright agent at:
    Richard A. Chapo, Esq.
    5040 Seachase Way
    San Diego, CA 92130
    Phone: (619) 637-6043
    Fax: (858) 724-1863
    Email: dmcaagent@socalinternetlawyer.com

The content I actioned against is back up

There has likely been a counter notification to your removal request. Content will be reinstated unless you submit evidence that you’ve filed a court action against the user seeking to restrain the allegedly infringing activity. If we don’t receive that notice from you within 10 days, we may reinstate the content.

The information presented here is not legal advice. We provide it for informational purposes. Please refer to our Terms of Use.