Passionate Ink – Some Like it Hot

Passionate Ink | Erotic Fiction Authors Organization

Copyright Policy

Passionate Ink will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please note that these notifications and counter-notifications are real-world legal notices provided outside of the Passionate Ink website and webforum environment. Passionate Ink may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law – the privacy policy for Passionate Ink Forums does not protect information provided in these notices.

To File a Notification

An online notification must be made. The notification must:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
  2. Identify the item that you claim is infringing on your copyright within the Passionate Ink domain (passionateink.org), and provide information reasonably sufficient to locate the item. For example “The allegedly infringing work I am referring to is located at this link / page / forum post… “
  3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
  4. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
  5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Write your legal name in full at the bottom of the message as your digital signature.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an item is protected by copyright laws.

Send the email to the designated Copyright Agent at Passionate Ink:

To: secretary@passionateink.org
Subject line: ATTN: Designated Copyright Agent

To file a counter-notification:

  1. List the items that were removed by Passionate Ink administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail, and when possible, the content itself as you would wish it to appear in the format it originall appeared in.
  2. Provide your name, address, telephone number, email address (if available).
  3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Houston, TX if your address is outside of the United States).
  4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. Write your legal name in full at the bottom of the message as your digital signature.

Send the email to the designated Copyright Agent at Passionate Ink:

To: secretary@passionateink.org
Subject line: ATTN: Designated Copyright Agent

FAQ

How do I make a DMCA notification or counter-notification?
Please follow the instructions above precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed above could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.
How does Passionate Ink determine who “wins” and “loses”?
Passionate Ink does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined in the real world, by real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world.
Can I submit my notices in writing?
We do not advise this; as we are an online chapter, and rarely check our PO Box. For a faster response, we recommend submitting your request online.
Can I sign notifications and counter-notifications with my Passionate Ink profile name?
We will not accept notices that are not signed by a real legal person. The DMCA process is a real-world process with real-world ramifications.
I don’t agree with the required statements. Do I have to state these things?
We will not accept notices under the DMCA that do not include the statements required by the DMCA.
Can you change the DMCA process?
The Digital Millennium Copyright Act is federal law, passed by the United States Congress. Passionate Ink does not have the power to change congressional acts.
Why is Passionate Ink imposing liability for damages for false claims of copyright infringement?
The liability for damages for false claims is a provision of the DMCA, which was not written by Passionate Ink. Note that these damages and legal fees can be significant, for example http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can Passionate Ink give me legal advice concerning my claim?
Passionate Ink cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.
Do you revoke membership based on DMCA claims?
If Passionate Ink believes that a user of Passionate Ink is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party’s membership with Passionate Ink. Keep in mind though, that Passionate Ink’s actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
Where can I find more information about the DMCA and other copyright laws?
There are many available resources on the Internet. Linden Lab is not responsible for the content provided by these other resources, but we have found the following to be informative:

A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code is here:
http://www.copyright.gov/title17/92chap5.html

More government-provided information on copyrights can be found here:
http://www.copyright.gov

Many universities maintain useful public information regarding copyrights, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/