HOLD HARMLESS AGREEMENT
HeritageFuture.Org is a publishing, rather than a file sharing platform, so copyrighted materials are often used in commentary, journalism, or the transformation of the material into something original of their own. As such, it’s important to consider if the manner in which the material is used falls under fair use, before submitting a DMCA notice. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing is liable for:
…any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Please note that HeritageFuture.Org may seek to collect those damages. This includes DMCA notices aimed at uses of copyrighted content that we believe to be fair. Additionally, you are required to give consideration to whether a use of material is fair before submitting a takedown notification, as a result of the decision in Lenz v. Universal.
What is fair use?
There aren’t hard and fast rules when it comes to defining fair use. However, the Copyright Act sets out four factors for courts to consider:
Here are some resources to learn more about fair use:
If you believe that material available on HeritageFuture.Org infringes on your copyright(s), please notify us by providing a Digital Millennium Copyright Act (DMCA) notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email. Learn more about our process below.
HeritageFuture.Org is a platform where users often use copyrighted materials in commentary or journalism, or transform the materials into something original of their own. As such, before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure whether material located HeritageFuture.Org infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.
Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as LumenDatabase.org. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.
As required by the DMCA, we have a policy to terminate users that we consider to be repeat infringers. Although we won’t share the specifics of our repeat infringer policy, we believe that it strikes the right balance of protecting the rights of copyright owners as well as protecting legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or site.
Please send your complaint to our designated agent (we prefer email):
115 North Orange Street
Orange, CA 92866
You must include the following:
The process begins when a copyright holder (or someone acting on their behalf) submits a Digital Millennium Copyright Act (“DMCA”) takedown notice to us, claiming that their content is published on HeritageFuture.Org without their permission. They can submit a DMCA takedown notice via email or printed letter. After that, here’s what happens:
Step 1: We Review the Takedown Notice
When we first receive a DMCA takedown notice regarding a site, we review it to confirm that all of the required elements are present. Because the DMCA is law, we cannot accept a notice that’s missing any of the pieces outlined here.
In addition to reviewing notices for completeness, we also assess their validity. Although we respect copyrights, we also support everyone’s right to use content within the boundaries afforded by the law. Specifically, we reject notices that appear to be fraudulent or where the content identified:
Step 2: We Remove the Content
If we receive a complete and valid DMCA takedown notice, we remove the content from the site and replace it with a DMCA removal message. For example, if we receive a DMCA takedown notice for an image within a post, we’ll replace only that image with a placeholder and insert text at the bottom of the post; the rest of the post and site will be unaffected.
Step 3: We Notify the User and Reply to the Copyright Holder
Whenever we remove content from the site in response to a DMCA takedown notice we email the user and provide a copy of the original complaint. We also notify the copyright holder to let them know that the allegedly infringing content has been removed.
If the user wants to republish the post, they can edit the post to remove the specific content at issue. (This is only an option when only a portion of a post was identified as infringing.) After making the changes, the user must reply to our message to request removal of the DMCA takedown message.
Users cannot, under any circumstances, republish the allegedly infringing content. Republishing content that was removed after receipt of a valid DMCA takedown notice could result in the user being permanently suspended from HeritageFuture.Org. If the counter notice procedure is followed, we’ll restore the content at the appropriate time.
Step 4: We Add a Strike
We’re required by the DMCA to have a repeat infringer policy, so if a user doesn’t counter a complete and valid DMCA takedown notice, we add a strike to their account.
We assess strikes after 10 business days, so that no one is suspended before they have a chance to review the issue and submit a valid counter notice.
Step 5: We Review and Process the Counter Notice
Sometimes a user will disagree with the DMCA takedown notice, believing that they are lawfully using the content. We encourage users to submit a counter notice if this is the case. After reviewing the counter notice for completeness, we reply to the user and notify the copyright holder, providing them with a copy.
Step 6: We Restore the Content
In spite of the counter notice, the user cannot republish the content because the copyright holder then has 10 business days to initiate legal proceedings against the user to prevent them from using their content on HeritageFuture.Org. If at the end of the 10 business days, the copyright holder hasn’t initiated legal proceedings, the DMCA requires us to restore the content.