Recessipedia:Copyright
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Copyright Policy Statement
This policy is intended to implement the procedures set forth in 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of the Museum of American Finance (the “Museum”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of the RECESSIPEDIA™ site are required to respect the legal protections provided by applicable copyright law. In light of the circumstances of each situation, the Museum reserves the right to take reasonable steps to terminate and block alleged repeat infringers from further submissions.
Accommodation of Standard Technical Measures. The Museum’s policy is to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, including technical measures that are used by copyright owners to identify or protect copyrighted works.
Copyright Infringement Notification
The owner or the person entitled to enforce copyright may notify the Museum of any violation of copyright on the RECESSIPEDIA™ site by sending a notice in the form required by the DMCA to:
Kristin Aguilera
Communications Director
48 Wall Street
New York, NY 10005
212-908-4110
Attn: Copyright Violation
Upon proper notice from the copyright owner or upon actual knowledge of infringement, the Museum will take down any allegedly infringing content on the RECESSIPEDIA™ site. After taking down content under the DMCA, the Museum will take reasonable steps to notify the submitter of the removed content to inform the submitter that repeated copyright abuse will result in the rejection of future submissions. Such notice will also provide the allegedly infringing submitter an opportunity to file a counter-notification.
Counter-Notification
On receiving a proper counter-notification, the Museum will restore the content in question, unless the Museum receives notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity concerning the identified content on the RECESSIPEDIA™ site.
A counter-notification should be sent in the form required by the DMCA to:
Kristin Aguilera
Communications Director
48 Wall Street
New York, NY 10005
212-908-4110
Attn: Copyright Violation
Frequently Asked Questions
(1) What is a copyright?
Copyright is a form of protection grounded in the U.S. Constitution, granted by law, and covered by the Berne Convention, for original works of authorship fixed in a tangible medium of expression. Copyright may cover both published and unpublished works. A copyright notice is not required for a work to be protected by copyright.
Original works of authorship protected by copyright may include without limitation literary, dramatic, musical, and visual arts and other artistic works, such as movies, photographs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Subject to exceptions, it is a violation of copyright law to copy, distribute, display, exhibit or perform copyrighted works, or to make works derivative of them, without authority of the owner of the copyright. Electronic transmissions include the copying, distributing, and often displaying of works. Such things as submitting text or images without authority of the copyright owner may be a violation. Civil and criminal penalties for such violations can be substantial.
(2) What form of notice is required by the DMCA for removal of infringing material?
A written notification must be made to the Museum at the Copyright Infringement Notification contact listed above. The notification must:
(a) identify in sufficient detail the copyrighted work(s) that you believe has/have been infringed upon; (b) identify in sufficient detail for us to locate the RECESSIPEDIA™ entry you claim is infringing on your copyright; (c) provide a method for contacting you, including a name, address, phone number and e-mail address at which you are located; (d) include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the RECESSIPEDIA™ site is not authorized by the copyright owner, its agent, or by law”; (e) include the following statement: “I swear, under penalty of perjury, that the information in this 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”; and (f) include the signature of the owner of the exclusive right allegedly infringed, or a person authorized to act on their behalf.
(3) What form of counter-notification is required by the DMCA for restoration of removed material?
A written counter-notification must be made to the Museum. The counter-notification must:
(a) identify the submission that was removed; (b) provide a method for contacting you, the owner of the allegedly infringing material (“you”), including a name, address, phone number and e-mail address at which you are located; (c) state that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or the Southern District of New York if your address is outside of the United States); (d) state that you will accept service of process from the person who provided the notification to us of the alleged infringement or an agent of such person; (e) 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”; and, (f) include the signature of the owner of the allegedly infringing material.
(4) Who determines the winner of copyright disputes?
If the parties choose to litigate, judges in federal court will resolve copyright disputes. The notification and counter-notification procedures are requirements of federal law that, when met, protect the Museum from copyright liability. Removal upon notice of copyright infringement is required by statute and such removal does not reflect an evaluation of the merits of a claim. Likewise, restoration of content upon counter-notification does not reflect an evaluation of the merits of a defense.
(5) What happens to a user who repeatedly infringes on copyrights?
As noted above (see Copyright Infringement Notification), alleged infringers will be notified that their material may infringe on copyrights. In light of the circumstances of each situation, the Museum reserves the right to take reasonable steps to terminate and block alleged repeat infringers from further submissions.
