From time to time we receive notice from publishers and individuals that content (questions or solutions) students posted violates the Digital Millennium Copyright Act (DMCA). DMCA requires us to remove such content from our website if we receive a valid takedown request.
However, if you believe that you had the right to post the content (because you were making a fair use of the content or otherwise had a right to use the content) you can request to have the content restored by submitting a counter notice to BNEDDMCA@bned.com. The counter notice should include the following:
- A declaration, under penalty of perjury, that you have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law;
- Identification of the material that has been removed (or to which access has been disabled) and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- A statement that you consent to the jurisdiction of federal District Court for the judicial district in which you reside (or, if your address is outside the United States, in the United States District Court for the Southern District of New York);
- A statement that you agree to accept service of process from the complainant; and
- Your actual or electronic signature.
If you submit a counter notification, we will repost the content on the site 10-14 business days later unless the publishers or individuals who told us the content you posted was infringing their rights files a lawsuit against you. You may want to seek legal counsel before submitting a counter notice.
If you decide not to file a counter notice, we hope that you will continue to post other questions and content that will help other students and you in the future.
Finally, our company has a repeat infringer policy under the DMCA. Accordingly, a user’s bartleby account may be terminated if we receive more infringement notices in the future regarding content you posted and did not send us appropriate counter notices.