Copyright Complaint Steps
Titan Internet requires DMCA notices to be
filed via letter. The complaint must include full contact information in
the complaint (including phone number). We will call and verify. Email
(unless digitally signed by a verified and trusted third party) is not
an acceptable medium for legal complaints. This ticket system has
received what appears to be a possible DMCA complaint, but one or more
of the following are missing: (a) the complaint does not contain
sufficient information (b) the format of the complaint is inconsistent
with the requirements of the DMCA (c) the complaint has been submitted
via email without proper authentication (d) full contact information is
missing. We will need you to re-submit your claim, using the proper
format, including sufficient details, via postal mail. Instructions on
how to do so follow.
It is our policy to respond to clear notices of alleged copyright
infringement. This response describes the information that should be
present in these notices. It is designed to make submitting notices of
alleged infringement to us as straightforward as possible while reducing
the number of notices that we receive that are fraudulent or difficult
to understand or verify. The form of notice specified below is
consistent with the form suggested by the United States Digital
Millennium Copyright Act (the text of which can be found at the U.S.
Copyright Office Web Site,
http://www.copyright.gov) but we will respond to notices of this
form from other jurisdictions as well.
To file a notice of infringement with us, you must provide a written
communication that sets forth the items specified below. Please note
that you will be liable for damages (including costs and attorneys'
fees) if you materially misrepresent that a product or activity is
infringing your copyrights. Accordingly, if you are not sure whether
material available online infringes your copyright, we suggest that you
first contact an attorney.
To expedite our ability to process your request, please use the
following format (including section numbers):
1. Identify in sufficient detail the
copyrighted work that you believe has been infringed upon (for example,
"The copyrighted work at issue is the text that appears on
http://www.titanwebhost.com/tos.htm") or other information sufficient to
specify the copyrighted work being infringed (for example, "The
copyrighted work at issue is ? Intellectual Property: Valuation,
Exploitation, and Infringement Damages? by Gordon V. Smith, published by
Wiley, ISBN #047168323X").
2. Identify the material that you claim is infringing the copyrighted
work listed in item #1 above. You must identify each web page that
allegedly contains infringing material. This requires you to provide the
URL for each allegedly infringing result, document, or item.
Infringing Web Pages:
3.Provide information reasonably sufficient to permit us to contact you.
4. Provide information, if possible, sufficient to permit us to notify
the owner/administrator of the allegedly infringing webpage or other
content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use
of the copyrighted materials described above as allegedly infringing is
not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury,
that the information in the 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."
7. Sign the paper.
8. Send the written communication to the following address:
Titan Internet Enterprises Pty Ltd
Attn: Abuse Department, DMCA Complaint
PO Box 5587
Stafford Heights, QLD 4053
Regardless of whether we may be liable
for such infringement under Australian law or United States law, we may
respond to these notices by removing or disabling access to material
claimed to infringe and/or terminating users of our services. If we
remove or disable access in response to such a notice, we will make a
good-faith attempt to contact the owner or administrator of the affected
site or content so that the owner or administrator may make a counter
We may also document notices of alleged infringement on which we act. As
with all legal notices, a copy of the notice may be made available to
the public and sent to one or more third parties who may make it
available to the public.
In order to ensure that copyright owners do not wrongly insist on the
removal of materials that actually do not infringe their copyrights, the
safe harbor provisions require service providers to notify the
subscribers if their materials have been removed and to provide them
with an opportunity to send a written notice to the service provider
stating that the material has been wrongly removed. [512(g)]
If a subscriber provides a proper "counter-notice" claiming that the
material does not infringe copyrights, the service provider must then
promptly notify the claiming party of the individual's objection.
[512(g)(2)] If the copyright owner does not bring a lawsuit in district
court within 14 days, the service provider is then required to restore
the material to its location on its network. [512(g)(2)(C)]
If it is determined that the copyright holder misrepresented its claim
regarding the infringing material, the copyright holder then becomes
liable to the OSP for any damages that resulted from the improper
removal of the material. [512(f)]