This policy explains how Open Humans responds to claims of unauthorized use of copyrighted text, images or links to allegedly infringing materials under the Digital Millennium Copyright Act (“DMCA”).
Section 512 of the DMCA lays out the legal requirements to formally report copyright infringement to a service provider like Open Humans. It also explains how the person who posted the disputed content can oppose a notice of alleged infringement by submitting a counter-notice.
Remember that sending a copyright notice or counter-notice can have serious consequences, since the DMCA imposes legal and financial penalties for making fraudulent or bad-faith claims. It’s important that you make sure you’re the actual copyright holder or that you’ve been authorized to act on a rights holder’s behalf before submitting a takedown notice.
To send us a notice about copyright infringement, you’ll need to provide us the following information:
You can report alleged copyright infringement by emailing the above information to firstname.lastname@example.org.
You can also mail a copyright notice to:
Designated Copyright Agent
Open Humans Foundation
423 Brookline Avenue #323
Boston, MA 02115
In response to a complete, properly submitted notice of alleged copyright infringement, we may remove or restrict access to the allegedly infringing material. If we do so, it’s our policy to make a good-faith effort to notify the affected account holder.
If we send you a message saying we’ve received a DMCA notice about content you’ve posted on Open Humans, please read it carefully. It will contain information about the nature of the takedown notice and your options.
If you receive a DMCA notification about content you’ve posted and you believe that material was misidentified or removed in error, you can file a counter-notice by following the instructions below.
To submit a counter-notice, please send us the following information:
To submit a counter-notice, please respond to our original message letting you know about the removal and include the above information in the body of your reply.
Note: If you re-post material removed in response to a DMCA notification, we may permanently suspend your account. If you believe content was removed in error, please consider filing a counter-notice instead of re-posting the material.
When we receive a valid counter-notice, we’ll promptly forward a copy to the person who sent us the DMCA notice. If we aren’t notified within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material, we may replace or cease disabling access to the material that was removed.
Open Humans has a policy that provides for the termination in appropriate circumstances of account holders who are repeat infringers.