DMCA Notice & Takedown Procedure

Muselania has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”). The address of Muselania’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed at the end of this notice.

Reporting Instances of Copyright Infringement

If you believe that content residing our website or servers (“Services”) infringes a copyright, please send a written DMCA notification (by regular mail) to the Designated Agent at the address below. You may not communicate the information specified below by fax, email or any other electronic means and all communications for this purpose other than service by mail will be ignored. Please note that you will be liable for damages (including costs and attorney’s fees) and prosecution for mail fraud if you materially misrepresent that material is infringing your copyright(s). Please use the following format (including section numbers) when you send written notice to us:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its URI, with sufficient detail so that Muselania is capable of finding it and verifying its existence.
  3. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and e-mail address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is either the copyright owner, or authorized to make the complaint on behalf of the copyright owner.
  6. The signature of the copyright owner, or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

After removing material pursuant to a valid DMCA notification, Muselania will notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Muselania reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications.

Submitting a DMCA Counter-Notification

If you (the Subscriber) believe that you are the wrongful subject of a DMCA notification, you may file a counter-notification with Muselania by providing the following information to the Designated Agent at the below address:

  1. The specific URIs of material that Muselania has removed or to which Muselania has disabled access.
  2. Your name, address, telephone number, and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in San Francisco, CA if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  4. The following statement: “I affirm, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  5. Your signature on the written document.

Upon receipt of a valid counter-notification, Muselania will forward it to Notifying Party who submitted the original DMCA notification and may temporarily restore to the Services any content taken down pursuant to the original DMCA notification. The original Notifying Party (or the claimed copyright owner) will then have ten (10) days to notify us by regular mail that the claimed copyright owner or their relative has filed legal action relating to the allegedly infringing material. If Muselania receives notification that legal action has been filled, the content will be taken down from the Services if temporarily restored, and will not be restored without a mutual consent decree, a court order in favor of the Subscriber or proof of final disposition of legal action without a decision favorable to the owner of the copyright claimed to be infringed. If Muselania does not receive any such notification within ten (10) days, we may permanently restore the material to the Services.

Designated Agent

Muselania
PO Box 546
East Liverpool, OH 43920-5546
Attn: Copyright Agent; Legal