Commit 3da454b3 authored by Aaron Wolf's avatar Aaron Wolf

added DMCA directory and guides starting with GitHub DMCA files

parent 8a046027
---
title: Guide to Submitting a DMCA Counter Notice
redirect_from:
- /dmca-counter-notice-how-to/
- /articles/dmca-counter-notice-how-to/
---
This guide describes the information that GitHub needs in order to process a counter notice to a DMCA takedown request. If you have more general questions about what the DMCA is or how GitHub processes DMCA takedown requests, please review our [DMCA Takedown Policy](/articles/dmca-takedown-policy).
If you believe your content on GitHub was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, set forth below, is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office's official website: <http://www.copyright.gov>.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such.
### Before You Start
***Tell the Truth.***
The DMCA requires that you swear to your counter notice *under penalty of perjury*. It is a federal crime to intentionally lie in a sworn declaration. (*See* [U.S. Code, Title 18, Section 1621](http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap79-sec1621.htm).) Submitting false information could also result in civil liability—that is, you could get sued for money damages.
***Investigate.***
Submitting a DMCA counter notice can have real legal consequences. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled. You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice.
***You Must Have a Good Reason to Submit a Counter Notice.***
In order to file a counter notice, you must have "a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled." ([U.S. Code, Title 17, Section 512(g)](http://www.copyright.gov/title17/92chap5.html#512).) Whether you decide to explain why you believe there was a mistake is up to you and your lawyer, but you *do* need to identify a mistake before you submit a counter notice. In the past, we have received counter notices citing mistakes in the takedown notice such as: the complaining party doesn't have the copyright; I have a license; the code has been released under an open-source license that permits my use; or the complaint doesn't account for the fact that my use is protected by the fair-use doctrine. Of course, there could be other defects with the takedown notice.
***Copyright Laws Are Complicated.***
Sometimes a takedown notice might allege infringement in a way that seems odd or indirect. Copyright laws are complicated and can lead to some unexpected results. In some cases a takedown notice might allege that your source code infringes because of what it can do after it is compiled and run. For example:
- The notice may claim that your software is used to [circumvent access controls](http://copyright.gov/title17/92chap12.html) to copyrighted works.
- [Sometimes](http://www.copyright.gov/docs/mgm/) distributing software can be copyright infringement, if you induce end users to use the software to infringe copyrighted works.
- A copyright complaint might also be based on [non-literal copying](https://en.wikipedia.org/wiki/Substantial_similarity) of design elements in the software, rather than the source code itself — in other words, someone has sent a notice saying they think your *design* looks too similar to theirs.
These are just a few examples of the complexities of copyright law. Since there are many nuances to the law and some unsettled questions in these types of cases, it is especially important to get professional advice if the infringement allegations do not seem straightforward.
***A Counter Notice Is A Legal Statement.***
We require you to fill out all fields of a counter notice completely, because a counter notice is a legal statement — not just to us, but to the complaining party. As we mentioned above, if the complaining party wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain you from engaging in infringing activity relating to the content on GitHub. In other words, you might get sued (and you consent to that in the counter notice).
***Your Counter Notice Will Be Published.***
As noted in our [DMCA Takedown Policy](/articles/dmca-takedown-policy#d-transparency), **after redacting personal information,** we publish all complete and actionable counter notices at <https://github.com/github/dmca>. Please also note that, although we will only publicly publish redacted notices, we may provide a complete unredacted copy of any notices we receive directly to any party whose rights would be affected by it. If you are concerned about your privacy, you may have a lawyer or other legal representative file the counter notice on your behalf.
***GitHub Isn't The Judge.***
GitHub exercises little discretion in this process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
***Additional Resources.***
If you need additional help, there are many self-help resources online. Lumen has an informative set of guides on [copyright](https://www.lumendatabase.org/topics/5) and [DMCA safe harbor](https://www.lumendatabase.org/topics/14). If you are involved with an open-source project in need of legal advice, you can contact the [Software Freedom Law Center](https://www.softwarefreedom.org/about/contact/). And if you think you have a particularly challenging case, non-profit organizations such as the [Electronic Frontier Foundation](https://www.eff.org/pages/legal-assistance) may also be willing to help directly or refer you to a lawyer.
### Your Counter Notice Must...
1. **Include the following statement: "I have read and understand GitHub's Guide to Filing a DMCA Counter Notice."**
We won't refuse to process an otherwise complete counter notice if you don't include this statement; however, we will know that you haven't read these guidelines and may ask you to go back and do so.
2. ***Identify the content that was disabled and the location where it appeared.***
The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) that you want to challenge.
3. **Provide your contact information.**
Include your email address, name, telephone number, and physical address.
4. ***Include the following statement: "I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."***
You may also choose to communicate the reasons why you believe there was a mistake or misidentification. If you think of your counter notice as a "note" to the complaining party, this is a chance to explain why they should not take the next step and file a lawsuit in response. This is yet another reason to work with a lawyer when submitting a counter notice.
5. ***Include the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person."***
6. **Include your physical or electronic signature.**
### How to Submit Your Counter Notice
The fastest way to get a response is to enter your information and answer all the questions on our {{ site.data.variables.contact.contact_dmca }}.
You can also send an email notification to <copyright@github.com>. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message.
If you must send your notice by physical mail, you can do that too, but it will take *substantially* longer for us to receive and respond to it—and the 10-14 day waiting period starts from when we *receive* your counter notice. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, our physical address is:
```
GitHub, Inc
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA. 94107
```
---
title: DMCA Takedown Policy
redirect_from:
- /dmca/
- /dmca-takedown/
- /dmca-takedown-policy/
- /articles/dmca-takedown/
---
Welcome to GitHub's Guide to the Digital Millennium Copyright Act, commonly known as the "DMCA." This page is not meant as a comprehensive primer to the statute. However, if you've received a DMCA takedown notice targeting content you've posted on GitHub or if you're a rights-holder looking to issue such a notice, this page will hopefully help to demystify the law a bit as well as our policies for complying with it.
(If you just want to submit a notice, you can [skip to the end](#f-submitting-notices).)
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such.
### What Is the DMCA?
In order to understand the DMCA and some of the policy lines it draws, it's perhaps helpful to consider life before it was enacted.
The DMCA provides a safe harbor for service providers that host user-generated content. Since even a single claim of copyright infringement can carry statutory damages of up to $150,000, the possibility of being held liable for user-generated content could be very harmful for service providers. With potential damages multiplied across millions of users, cloud-computing and user-generated content sites like YouTube, Facebook, or GitHub probably [never would have existed](http://arstechnica.com/tech-policy/2015/04/how-the-dmca-made-youtube/) without the DMCA (or at least not without passing some of that cost downstream to their users).
The DMCA addresses this issue by creating a [copyright liability safe harbor](http://www.copyright.gov/title17/92chap5.html#512) for internet service providers hosting allegedly infringing user-generated content. Essentially, so long as a service provider follows the DMCA's notice-and-takedown rules, it won't be liable for copyright infringement based on user-generated content. Because of this, it is important for GitHub to maintain its DMCA safe-harbor status.
### DMCA Notices In a Nutshell
The DMCA provides two simple, straightforward procedures that all GitHub users should know about: (i) a [takedown-notice](/articles/guide-to-submitting-a-dmca-takedown-notice) procedure for copyright holders to request that content be removed; and (ii) a [counter-notice](/articles/guide-to-submitting-a-dmca-counter-notice) procedure for users to get content reenabled when content is taken down by mistake or misidentification.
DMCA [takedown notices](/articles/guide-to-submitting-a-dmca-takedown-notice) are used by copyright owners to ask GitHub to take down content they believe to be infringing. If you are a software designer or developer, you create copyrighted content every day. If someone else is using your copyrighted content in an unauthorized manner on GitHub you can send us a DMCA takedown notice to request that the infringing content be changed or removed.
On the other hand, [counter notices](/articles/guide-to-submitting-a-dmca-counter-notice) can be used to correct mistakes. Maybe the person sending the takedown notice does not hold the copyright or did not realize that you have a license or made some other mistake in their takedown notice. Since GitHub usually cannot know if there has been a mistake, the DMCA counter notice allows you to let us know and ask that we put the content back up.
The DMCA notice and takedown process should be used only for complaints about copyright infringement. Notices sent through our DMCA process must identify copyrighted work or works that are allegedly being infringed. The process cannot be used for other complaints, such as complaints about alleged [trademark infringement](/articles/github-trademark-policy/) or [sensitive data](/articles/github-sensitive-data-removal-policy/); we offer separate processes for those situations.
### A. How Does This Actually Work?
The DMCA framework is a bit like passing notes in class. The copyright owner hands GitHub a complaint about a user. If it's written correctly, we pass the complaint along to the user. If the user disputes the complaint, they can pass a note back saying so. GitHub exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
Here are the basic steps in the process.
1. **Copyright Owner Investigates.** A copyright owner should always conduct an initial investigation to confirm both (a) that they own the copyright to an original work and (b) that the content on GitHub is unauthorized and infringing. This includes confirming that the use is not protected as [fair use](https://www.lumendatabase.org/topics/22). A particular use may be fair if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Because code naturally lends itself to such uses, each use case is different and must be considered separately.
> **Example:** An employee of Acme Web Company finds some of the company's code in a GitHub repository. Acme Web Company licenses its source code out to several trusted partners. Before sending in a take-down notice, Acme should review those licenses and its agreements to confirm that the code on GitHub is not authorized under any of them.
2. **Copyright Owner Sends A Notice.** After conducting an investigation, a copyright owner prepares and sends a [takedown notice](/articles/guide-to-submitting-a-dmca-takedown-notice) to GitHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the [how-to guide](/articles/guide-to-submitting-a-dmca-takedown-notice)), we will [post the notice](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the link along to the affected user.
3. **GitHub Asks User to Make Changes.** If the notice alleges that the entire contents of a repository infringe, we will skip to Step 6 and disable the entire repository expeditiously. Otherwise, because GitHub cannot disable access to specific files within a repository, we will contact the user who created the repository and give them approximately 24 hours to delete or modify the content specified in the notice. We'll notify the copyright owner if and when we give the user a chance to make changes.
4. **User Notifies GitHub of Changes.** If the user chooses to make the specified changes, they *must* tell us so within the approximately 24-hour window. If they don't, we will disable the repository (as described in Step 6). If the user notifies us that they made changes, we will verify that the changes have been made and then notify the copyright owner.
5. **Copyright Owner Revises or Retracts the Notice.** If the user makes changes, the copyright owner must review them and renew or revise their takedown notice if the changes are insufficient. GitHub will not take any further action unless the copyright owner contacts us to either renew the original takedown notice or submit a revised one. If the copyright owner is satisfied with the changes, they may either submit a formal retraction or else do nothing. GitHub will interpret silence longer than two weeks as an implied retraction of the takedown notice.
6. **GitHub May Disable Access to the Content.** GitHub will disable a user's content if: (i) the copyright owner has alleged copyright over the user's entire repository (as noted in Step 3); (ii) the user has not made any changes after being given an opportunity to do so (as noted in Step 4); or (iii) the copyright owner has renewed their takedown notice after the user had a chance to make changes. If the copyright owner chooses instead to *revise* the notice, we will go back to Step 2 and repeat the process as if the revised notice were a new notice.
7. **User May Send A Counter Notice.** We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a [counter notice](/articles/guide-to-submitting-a-dmca-counter-notice). As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the [how-to guide](/articles/guide-to-submitting-a-dmca-counter-notice)). If it is, we will [post it](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the notice back to the copyright owner by sending them the link.
8. **Copyright Owner May File a Legal Action.** If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on GitHub. In other words, you might get sued. If the copyright owner does not give GitHub notice within 10-14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, GitHub will reenable the disabled content.
### B. What About Forks? (or What's a Fork?)
One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a "[fork](/articles/github-glossary#fork)" of the original repository, which in turn may also be called the "parent" of the fork.
GitHub *will not* automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice.
### C. What If I Inadvertently Missed the Window to Make Changes?
We recognize that there are many valid reasons that you may not be able to make changes within the approximate 24-hour window we provide before your repository gets disabled. Maybe our message got flagged as spam, maybe you were on vacation, maybe you don't check that email account regularly, or maybe you were just busy. We get it. If you respond to let us know that you would have liked to make the changes, but somehow missed the first opportunity, we will re-enable the repository one additional time for approximately 24 hours to allow you to make the changes. Again, you must notify us that you have made the changes in order to keep the repository enabled after that 24-hour window, as noted above in [Step A.4](#a-how-does-this-actually-work). Please note that we will only provide this one additional chance.
### D. Transparency
We believe that transparency is a virtue. The public should know what content is being removed from GitHub and why. An informed public can notice and surface potential issues that would otherwise go unnoticed in an opaque system. We post redacted copies of any legal notices we receive (including original notices, counter notices or retractions) at <https://github.com/github/dmca>. We will not publicly publish your personal contact information; we will remove personal information (except for usernames in URLs) before publishing notices. We will not, however, redact any other information from your notice unless you specifically ask us to. Here are some examples of a published [notice](https://github.com/github/dmca/blob/master/2014/2014-05-28-Delicious-Brains.md) and [counter notice](https://github.com/github/dmca/blob/master/2014/2014-05-01-Pushwoosh-SDK-counternotice.md) for you to see what they look like. When we remove content, we will post a link to the related notice in its place.
Please also note that, although we will not publicly publish unredacted notices, we may provide a complete unredacted copy of any notices we receive directly to any party whose rights would be affected by it.
### E. Repeated Infringement
It is the policy of GitHub, in appropriate circumstances and in its sole discretion, to disable and terminate the accounts of users who may infringe upon the copyrights or other intellectual property rights of GitHub or others.
### F. Submitting Notices
If you are ready to submit a notice or a counter notice:
- [How to Submit a DMCA Notice](/articles/guide-to-submitting-a-dmca-takedown-notice)
- [How to Submit a DMCA Counter Notice](/articles/guide-to-submitting-a-dmca-counter-notice)
### Learn More and Speak Up
If you poke around the Internet, it is not too hard to find commentary and criticism about the copyright system in general and the DMCA in particular. While GitHub acknowledges and appreciates the important role that the DMCA has played in promoting innovation online, we believe that the copyright laws could probably use a patch or two—if not a whole new release. In software, we are constantly improving and updating our code. Think about how much technology has changed since 1998 when the DMCA was written. Doesn't it just make sense to update these laws that apply to software?
We don't presume to have all the answers. But if you are curious, here are a few links to scholarly articles and blog posts we have found with opinions and proposals for reform:
- [Unintended Consequences: Twelve Years Under the DMCA](https://www.eff.org/wp/unintended-consequences-under-dmca) (Electronic Frontier Foundation)
- [Statutory Damages in Copyright Law: A Remedy in Need of Reform](http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1375604) (William & Mary Law Review)
- [Is the Term of Protection of Copyright Too Long?](http://the1709blog.blogspot.com/2012/11/is-term-of-protection-of-copyright-too.html) (The 1709 Blog)
- [If We're Going to Change DMCA's 'Notice & Takedown,' Let's Focus on How Widely It's Abused](https://www.techdirt.com/articles/20140314/11350426579/if-were-going-to-change-dmcas-notice-takedown-lets-focus-how-widely-its-abused.shtml) (TechDirt)
- [Opportunities for Copyright Reform](http://www.cato-unbound.org/issues/january-2013/opportunities-copyright-reform) (Cato Unbound)
- [Fair Use Doctrine and the Digital Millennium Copyright Act: Does Fair Use Exist on the Internet Under the DMCA?](http://digitalcommons.law.scu.edu/lawreview/vol42/iss1/6/) (Santa Clara Law Review)
GitHub doesn't necessarily endorse any of the viewpoints in those articles. We provide the links to encourage you to learn more, form your own opinions, and then reach out to your elected representative(s) (e.g, in the [U.S. Congress](http://whoismyrepresentative.com/) or [E.U. Parliament](http://www.europarl.europa.eu/meps/en/map.html)) to seek whatever changes you think should be made.
---
title: Guide to Submitting a DMCA Takedown Notice
redirect_from:
- /dmca-notice-how-to/
- /articles/dmca-notice-how-to/
---
This guide describes the information that GitHub needs in order to process a DMCA takedown request. If you have more general questions about what the DMCA is or how GitHub processes DMCA takedown requests, please review our [DMCA Takedown Policy](/articles/dmca-takedown-policy).
Due to the type of content GitHub hosts (mostly software code) and the way that content is managed (with Git), we need complaints to be as specific as possible. These guidelines are designed to make the processing of alleged infringement notices as straightforward as possible. Our form of notice set forth below is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office's official website: <http://www.copyright.gov>.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such.
### Before You Start
***Tell the Truth.*** The DMCA requires that you swear to the facts in your copyright complaint *under penalty of perjury*. It is a federal crime to intentionally lie in a sworn declaration. (*See* [U.S. Code, Title 18, Section 1621](http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap79-sec1621.htm).) Submitting false information could also result in civil liability — that is, you could get sued for money damages. The DMCA itself [provides for damages](https://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#%C2%A7_512(f)_Misrepresentations) against any person who knowingly materially misrepresents that material or activity is infringing.
***Investigate.*** Millions of users and organizations pour their hearts and souls into the projects they create and contribute to on GitHub. Filing a DMCA complaint against such a project is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown to make sure that the use isn't actually permissible.
***Ask Nicely First.*** A great first step before sending us a takedown notice is to try contacting the user directly. They may have listed contact information on their public profile page or in the repository's README, or you could get in touch by opening an issue or pull request on the repository. This is not strictly required, but it is classy.
***Send In The Correct Request.*** We can only accept DMCA takedown notices for works that are protected by copyright, and that identify a specific copyrightable work. If you have a complaint about trademark abuse, please see our [trademark policy](/articles/github-trademark-policy/). If you wish to remove sensitive data such as passwords, please see our [policy on sensitive data](/articles/github-sensitive-data-removal-policy/). If you are dealing with defamation or other abusive behavior, please see our [Community Guidelines](/articles/github-community-guidelines/).
***Code Is Different From Other Creative Content.*** GitHub is built for collaboration on software code. This makes identifying a valid copyright infringement more complicated than it might otherwise be for, say, photos, music, or videos.
There are a number of reasons why code is different from other creative content. For instance:
- A repository may include bits and pieces of code from many different people, but only one file or even a sub-routine within a file infringes your copyrights.
- Code mixes functionality with creative expression, but copyright only protects the expressive elements, not the parts that are functional.
- There are often licenses to consider. Just because a piece of code has a copyright notice does not necessarily mean that it is infringing. It is possible that the code is being used in accordance with an open-source license.
- A particular use may be [fair-use](https://www.lumendatabase.org/topics/22) if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Because code naturally lends itself to such uses, each use case is different and must be considered separately.
- Code may be alleged to infringe in many different ways, requiring detailed explanations and identifications of works.
This list isn't exhaustive, which is why speaking to a legal professional about your proposed complaint is doubly important when dealing with code.
***No Bots.*** You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit complaints in bulk. These complaints are often invalid and processing them results in needlessly taking down projects!
***Matters of Copyright Are Hard.*** It can be very difficult to determine whether or not a particular work is protected by copyright. For example, facts (including data) are generally not copyrightable. Words and short phrases are generally not copyrightable. URLs and domain names are generally not copyrightable. Since you can only use the DMCA process to target content that is protected by copyright, you should speak with a lawyer if you have questions about whether or not your content is protectable.
***You May Receive a Counter Notice.*** Any user affected by your takedown notice may decide to submit a [counter notice](/articles/guide-to-submitting-a-dmca-counter-notice). If they do, we will re-enable their content within 10-14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on GitHub.
***Your Complaint Will Be Published.*** As noted in our [DMCA Takedown Policy](/articles/dmca-takedown-policy#d-transparency), after redacting personal information, we publish all complete and actionable takedown notices at <https://github.com/github/dmca>.
***GitHub Isn't The Judge.***
GitHub exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
### Your Complaint Must ...
1. **Include the following statement: "I have read and understand GitHub's Guide to Filing a DMCA Notice."** We won't refuse to process an otherwise complete complaint if you don't include this statement. But we'll know that you haven't read these guidelines and may ask you to go back and do so.
2. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact.
3. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well. Finally, please note that GitHub will *not* automatically disable [forks](/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork.
4. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well.
5. **Provide your contact information.** Include your email address, name, telephone number and physical address.
6. **Provide contact information, if you know it, for the alleged infringer.** Usually this will be satisfied by providing the GitHub username associated with the allegedly infringing content. But there may be cases where you have additional knowledge about the alleged infringer. If so, please share that information with us.
7. **Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."**
8. **Also 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."**
9. **Include your physical or electronic signature.**
### Complaints about Anti-Circumvention Technology
The Copyright Act also prohibits the circumvention of technological measures that effectively control access to works protected by copyright. If you believe that content hosted on GitHub violates this prohibition, please send us a report through our {{ site.data.variables.contact.contact_dmca }}, and include specific information about what content violates that prohibition, what technological measures you had in place, and why the content violates the prohibition.
### How to Submit Your Complaint
The fastest way to get a response is to enter your information and answer all the questions on our {{ site.data.variables.contact.contact_dmca }}.
You can also send an email notification to <copyright@github.com>. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message.
If you must send your notice by physical mail, you can do that too, but it will take *substantially* longer for us to receive and respond to it. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, our physical address is:
```
GitHub, Inc
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA. 94107
```
# Snowdrift.coop DMCA Notice Archives
This directory contains the complete archive of any form DMCA takedown notices
or counter notices received by Snowdrift.coop (with appropriate redactions for legal and privacy concerns).
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