DMCA Policy

1. Introduction

The Digital Millennium Copyright Act (DMCA) provides a procedure for copyright owners to request that infringing material be removed from online services. We follow this procedure for any allegedly infringing material that may appear on secretary-of-states.org/. We also recognize that takedown notices are sometimes filed in error or in bad faith, and we follow the corresponding counter-notice procedure to give content owners and account holders a fair process.

This DMCA Policy applies only to claims of copyright infringement under US law. Trademark complaints, defamation claims, privacy concerns, and other content concerns are addressed through separate channels described later on this page.

2. Designated Agent

For DMCA notices and counter-notices regarding content on secretary-of-states.org/, please use the contact route below. Sending DMCA correspondence to any other channel may delay processing.

Operators of online service providers in the United States are also able to register a designated agent with the US Copyright Office under 17 U.S.C. § 512(c)(2). The Copyright Office’s directory of registered designated agents is at copyright.gov/dmca-directory.

3. How to File a Takedown Notice

If you believe content on secretary-of-states.org/ infringes a copyright you own or are authorized to enforce, please send a DMCA takedown notice to the contact above with the subject line "DMCA Notice." A complete and properly formatted notice helps us act quickly and avoids back-and-forth.

4. Required Information

Under 17 U.S.C. § 512(c)(3), a valid DMCA takedown notice must include all of the following six elements. We cannot act on a notice that is missing any of them.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed. If multiple works are involved, a representative list is acceptable.
3. Identification of the allegedly infringing material on secretary-of-states.org/. Please provide the specific URL(s) of the page(s) where the material appears, and where possible the specific paragraph, image, or element. Without specific URLs we may not be able to act.
4. Contact information for the complaining party, including name, address, telephone number, and email address.
5. A good-faith statement that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. What Happens Next

When we receive a DMCA takedown notice that meets the requirements of 17 U.S.C. § 512(c)(3), we typically take the following steps:

• Acknowledge receipt to the complaining party, usually within two working days
• Review the notice for completeness and apparent good faith
• Locate the specific content on the Site identified in the notice
• Where appropriate, remove or disable access to the allegedly infringing content
• Notify the original poster (where applicable) and provide a copy of the notice
• Inform the original poster of their right to file a counter-notice

If a notice is incomplete, ambiguous, or appears not to be filed in good faith, we may request additional information before acting. We may also seek legal advice if a notice raises complex questions of fair use or scope of rights.

6. Counter-Notice Procedure

If you believe content of yours was removed or disabled in error or as a result of a misidentification, you can file a counter-notice under 17 U.S.C. § 512(g). Counter-notices must include all of the following:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled.
3. A statement under penalty of perjury that the subscriber has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the subscriber’s address is outside the United States, for any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.

If a valid counter-notice is received, we will forward a copy to the original complaining party and inform them that we may replace the removed material or cease disabling access to it in not less than ten and not more than fourteen business days following receipt of the counter-notice, unless the complaining party first notifies us that they have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material.

7. Repeat Infringer Policy

Consistent with 17 U.S.C. § 512(i), we have adopted and reasonably implemented a policy of terminating, in appropriate circumstances, the access of users who are repeat infringers. Although secretary-of-states.org/ is primarily an editorial publication and does not host substantial user-generated content, we apply this policy to any contributor or content channel where repeat infringement is established.

8. Misrepresentation Warning

Before filing a notice or counter-notice, please confirm:

• You actually own or are authorized to enforce the copyright in question
• The use you are complaining about is not protected by fair use, fair dealing, or another exception or defense
• The material you are identifying is the material you intend to identify
• Your statements are accurate to the best of your knowledge

If you are not sure whether use of your work is permitted, please consider consulting an attorney before filing a notice. The US Copyright Office maintains general guidance on copyright at copyright.gov.

9. Trademark Complaints

The DMCA applies only to copyright. If you believe a trademark of yours is being misused on secretary-of-states.org/, please contact us with the subject line "Trademark Concern" and include:

• Identification of the trademark, including registration number where applicable
• The URL(s) on the Site where the trademark appears
• The specific use that you believe is infringing or misleading
• Contact information for the rights holder or authorized representative
• A good-faith statement of your belief that the use is not authorized

For federal trademark registrations, the US Patent and Trademark Office’s TESS database is at uspto.gov/trademarks/search.

10. Other Content Concerns

If you have a concern about content on the Site that is not a copyright or trademark matter — for example, a factual correction, a defamation claim, a privacy concern about a public-records reference — please use the appropriate channel:

• Factual corrections — see our Editorial Policy
• Privacy / data subject requests — see our Privacy Policy
• Defamation or other legal claims — email info@secretary-of-states.org with subject “Legal Notice”
• Accessibility issues — see our Accessibility Statement
• General questions — see our Contact page