Digital Millennium Copyright Act (DMCA) Notice

Digital Millennium Copyright Act (DMCA) Notice

If you believe that material available on our sites, including those hosted at Ask4HD.COM, infringes on your copyright(s), please notify us by submitting a DMCA notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the owner who owns the copyright(s) of the uploaded material, via email. Comfirming that, Whether we were/are able/unable to process DMCA notices that must only to be sent from the owner who owns the copyright(s) of the proposed material, which is in question of being copied and hosted on our site Ask4HD.COM under the law of DMCA. Learn more about our process here.

Please note that we are unable to process DMCA notices that refer to material hosted on third party servers that use self-hosted cloud storage system. Please click here for more information on the differences between material hosted on Ask4HD.COM and the material hosted on THIRD PARTY SERVERS.

Ask4HD.COM is a publishing platform where we often use copyrighted materials in commentary or journalism, or transform the materials into something original. As such, before submitting a DMCA notice, it’s important to consider whether the material used falls under fair use. If you are not sure whether material located on a Ask4HD.COM infringes on your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.

You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity infringes on your copyright. We have and will highlight such abuses and seek to collect those damages.

Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as LumenDatabase.org. A note will also be placed on the site in question detailing the name of the copyright owner who submitted the takedown notice. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.

Please follow these steps to file a notice:

  1. Verify that the Ask4HD.COM hosting the material, which is in question of being copied. We have no control over material hosted on third party servers, Those servers use self-hosted cloud storage system and are not hosted by us. Please contact the appropriate web host with complaints. We only host blog posts that have “Ask4HD.COM” in their URL or that say “Ask4HD.COM © 2018. All Rights Reserved” on lower left corner at the bottom of the site.
  2. Contact through comment section of the blog post directly. Go to the blog post in question and leave a comment with your complaint to see if the matter can be resolved directly without the proccess of DMCA.
  3. Send your complaint to our designated agent via the form below, if the issue cannot be resolved directly without the proccess of DMCA.

As required by the DMCA, we have a policy to remove/takedown/terminate material infringes on your copyright(s). Although we won’t share our specifics as we don’t want anyone to game the system, after all, we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate of our blog posts from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against Ask4HD.COM.

If you’d prefer not to use our automated form, you can send your complaint to our designated agent:

Designated Copyright Agent
Ask4HD.COM
ask4hd@gmail.com (It’ll take 3-5 days to process the takedown request)

You must include the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyrighted work claimed to have been infringed;
  • A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Ask4HD.COM to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
  • Your name, address, telephone number and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of 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 owner of an exclusive right that is allegedly infringed.

Copyright and Fair Use

Ask4HD.COM is a publishing, rather than a file sharing platform, so copyrighted materials are often used in commentary, journalism, or the transformation of the material into something original of their own. As such, it’s important to consider if the manner in which the material is used falls under fair use, before submitting a DMCA notice. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing is liable for:

…any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Please note that Ask4HD.COM may seek to collect those damages. We will file lawsuits against copyright owners for submitting fraudulent DMCA notices, and reserve the right to do so in the future as recourse for notices we deem to be improper. This includes DMCA notices aimed at uses of copyrighted content that we believe to be fair. Additionally, you are required to give consideration to whether a use of material is fair before submitting a takedown notification, as a result of the decision in Lenz v. Universal.

What is fair use?

There aren’t hard and fast rules when it comes to defining fair use. However, the Copyright Act sets out four factors for courts to consider:

  1. The purpose and character of the use: Why and how is the material used? Using content for criticism, comment, news reporting, teaching, scholarship or research is usually fair. Additionally, using material in a transformative manner, that is to say, in a manner that adds new expression, meaning, or insight, is also more likely to be considered fair use over an exact reproduction of a work. What’s more, nonprofit use is favored over commercial use.
  2. The nature of the copyrighted work: Is the original factual or fiction, published or unpublished? Factual and published works are less protected, so its use is more likely to be considered fair.
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole: How much of the material is used? If the “heart” (the most memorable or significant portion) or the majority of a work wasn’t used, it’s more likely to be considered fair.
  4. The effect of the use upon the potential market for, or value of, the copyrighted work: Does the use target a different market/audience? If so, it’s more likely to be fair use. It’s important to note that although criticism or parody may reduce a market, it still may be fair because of its transformative nature. In other words, if the criticism of a product influences people to stop buying the product, that doesn’t count as having an “effect on the market for the work” under copyright law.

Here are some resources to learn more about fair use: