What is DMCA?
Website owners who allow content from 3rd parties to be displayed on their website may be held liable for copyright infringement if any posted content is found to be copyrighted and displayed without permission. This includes real estate websites that use IDX feeds or property photos from outside sources. The Digital Millenium Copyright Act (DMCA) provides some additional protections for website owners from being held liable for copyright infringement provided they meet certain criteria, including being unaware of the copyright infringement and not directly responsible for it.
To take advantage of the additional protections, you must designate a DMCA agent with the U.S. Copyright Office and post notice on your website. Your registered agent acts as a point of contact if any 3rd party alleges that your website contains copyrighted material for which you do not have the right to display. This agent can be you, an employee, your attorney, or anyone else authorized to act on your behalf. You can designate an agent by completing an online form on the U.S. Copyright Office website. Visit the Copyright Office website for more information. https://www.copyright.gov/dmca-directory/
After you’ve designated an agent with the U.S. Copyright Office, please review the copy below and replace the relevant text with your own. This will help you to comply with the Digital Millennium Copyright Act and be covered by its additional protections.
Disclaimer: This is for informational purposes only and not intended to convey or constitute legal advice. This information is provided as is, with no warranties of accuracy or guarantees of compliance with U.S. law. Please speak to an attorney if you have any questions or need guidance.
Sample Content to add to website, need to update relevant information related to your own business:
Digital Millennium Copyright Act (“DMCA”)
VALLEY REALTY GROUP respects the intellectual property rights of others and expects you to do the same. Per the DMCA, VALLEY REALTY GROUP will respond expeditiously to claims of copyright infringement on our website if submitted to VALLEY REALTY GROUP’S Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, VALLEY REALTY GROUP will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by VALLEY REALTY GROUP or by a third party who has uploaded materials to this website, please provide the following information to Valley Realty Group’s designated Copyright Agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this website;
- An address, telephone number, and e-mail address where VALLEY REALTY GROUP can contact you and, if different, an e-mail address where the alleged infringing party, if not VALLEY REALTY GROUP, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
- Your electronic or physical signature.
VALLEY REALTY GROUP may request additional information before removing any allegedly infringing material. In the event VALLEY REALTY GROUP removes the allegedly infringing materials, VALLEY REALTY GROUP will immediately notify the person responsible for posting such materials that VALLEY REALTY GROUP removed or disabled access to the materials. VALLEY REALTY GROUP may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
VALLEY REALTY GROUP reserves the right to terminate, limit or suspend any user’s access to this website in the event of repeated infringing activity. If you believe that a user of this website is a repeat infringer, please follow the above instructions to contact VALLEY REALTY GROUP’S Copyright Agent. Please include sufficient information to assist VALLEY REALTY GROUP in determining that the user repeatedly engaged in infringing activity.
VALLEY REALTY GROUP registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Their information is available below in the Copyright Agent section.
VALLEY REALTY GROUP
7010 440TH AVE SE, SNOQUALMIE, WA 98065
425-652-9321 OR OFFICE 425-888-9321
VALLEY REALTY GROUP
7010 440th Ave SE
SNOQUALMIE, WA 98065
You may stop using this website at any time. VALLEY REALTY GROUP may suspend or terminate this website at any time at our discretion and without notice. VALLEY REALTY GROUP may also terminate, limit or suspend your access to this website for any reason at any time and without notice. For example, VALLEY REALTY GROUP may terminate your access to this website if you are not complying with these terms or if we determine that you are a repeat infringer of third-party intellectual property rights.