Pressbooks DMCA Copyright Policy
Welcome to Pressbooks. We hope you enjoy your use of the Pressbooks Website. By visiting the Website and / or using our services, you agree to be bound by the terms of the present DMCA Copyright Policy (the “DMCA Policy”).
All capitalised terms used in this DMCA Policy (“Website”, “Content”, etc.) have the same meaning here as in the Terms of Service, where they are defined. Pressbooks is owned and operated by Book Oven Inc., a Canadian corporation.
Purpose of the Policy
Pressbooks users may use the Pressbooks services to upload certain file types to Pressbooks servers (the Content). The present DMCA Policy has been created to explain to Pressbooks users and third parties their rights and responsibilities regarding copyright of the Content and actions Pressbooks will take in response to copyright complaints. This DMCA Policy supplements the copyright and intellectual property provisions of the Terms of Service.
It is the policy of Pressbooks to respect the intellectual property rights including copyright of others, and we expect Pressbooks users to do the same. This DMCA Policy is designed to give effect to that statement of principle.
The DMCA Policy is designed to be in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512.
Submitting a notice of copyright infringement
If you believe that your copyright (or the copyright of someone you are authorized to represent) has been infringed by a Pressbooks user, please submit a notice of claimed copyright infringement using the contact information listed further below. The notice must include all the following information:
- A physical or electronic signature (typing your full name will suffice if you are submitting by email) of the copyright owner or the person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to, or copy of, the original work, or a clear description of the original work allegedly being infringed upon);
- Identification of the allegedly infringing Content and information reasonably sufficient to permit Pressbooks to locate the Content on our Website or services. This should generally be in the form of an Pressbooks URL;
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good faith belief that the use of the Content in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose work is being allegedly infringed (if applicable).
Please note that the information provided in the notice shall be forwarded to the Pressbooks user responsible for the allegedly infringing activity.
Filing a false complaint of copyright infringement
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US OR OUR USERS, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Procedure upon receiving a notice
Upon receiving a notice, Pressbooks will proceed to:
- Examine the notice to determine if the complaint has merit under the DMCA;
- If the complaint is found to have merit, remove or disable access to the infringing Content;
- Identify the Pressbooks user responsible for the infringing Content and inform them that the infringing Content has been removed or disabled, and forward them the original notice;
- In the case of repeated offenses by a specific Pressbooks user, ban access to the Website and services of said user, at Pressbooks’ sole discretion.
Submitting a counter-notification
If, as a user, you believe your Content was removed as a result of mistake or misidentification, you may submit a counter-notification to the address of the designated copyright agent listed further below. The counter-notification must include all the following information:
- Your name, address, telephone number and physical or electronic signature (typing your full name will suffice if you are submitting by email);
- Identification of the material and its location before removal;
- A statement under penalty of perjury that the material was removed by mistake or misidentification;
- Your consent to the jurisdiction of federal district court jurisdiction for your address provided and, if your address is outside of the United States, then you must consent to the jurisdiction of any judicial district of Pressbooks’ choosing; and
- A statement that you will accept service of process from the person who provided notification of claimed infringement.
Please note that the information provided in the counter-notification may be forwarded to the person who made the initial copyright complaint.
PLEASE BE AWARE YOU MAY BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS’ FEES INCURRED BY PRESSBOOKS, OUR USERS OR THIRD PARTIES, IF YOU KNOWINGLY MATERIALLY MISREPRESENT THAT CONTENT WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION.
Pressbooks contact responsible for copyright:
5333 av. Casgrain, Suite 202
H2T 1X3 Canada
© Pressbooks 2021