Noir Case Files respects the intellectual property rights of others and expects its users to do the same. This policy outlines our procedures for responding to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and applicable Canadian copyright law.
1. What is the DMCA?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides a process for copyright owners to request the removal of infringing content from websites and online services. While Noir Case Files operates from Canada, we voluntarily follow DMCA procedures as a good-faith practice to address copyright concerns from content creators worldwide.
We also comply with Canada's Copyright Act (R.S.C., 1985, c. C-42) and its notice-and-notice regime where applicable.
2. Filing a DMCA Takedown Notice
If you believe that content on our Site infringes your copyright, you may submit a DMCA takedown notice. Your notice must include the following information:
- Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed. If multiple works are involved, provide a representative list.
- Identification of the infringing material: The specific URL(s) or description of where the allegedly infringing material is located on our Site, with enough detail for us to find it.
- Your contact information: Your full legal name, mailing address, telephone number, and email address.
- Statement of good faith: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- Statement of accuracy: A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Send your DMCA takedown notice to:
3. What Happens After We Receive a Notice
Upon receiving a valid DMCA takedown notice, we will:
- Review the notice for completeness and validity.
- Remove or disable access to the allegedly infringing material promptly.
- Notify the content provider (if applicable) that the material has been removed.
- Provide the content provider with a copy of the takedown notice so they may file a counter-notification if they believe the removal was in error.
4. Counter-Notification Process
If you believe that material was removed or disabled in error, you may file a counter-notification. Your counter-notification must include:
- Identification of the removed material: A description of the material that was removed and the URL where it appeared before removal.
- Your contact information: Your full legal name, mailing address, telephone number, and email address.
- Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal Court in Canada or the federal district court in which your address is located (if in the United States), and that you will accept service of process from the person who filed the original DMCA notice.
- Statement under penalty of perjury: A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Signature: A physical or electronic signature.
Send counter-notifications to: contact@jacknoir.ca with the subject line "DMCA Counter-Notification."
Upon receiving a valid counter-notification, we will forward it to the original complainant. If the complainant does not file a court action within 10-14 business days, we may restore the removed material.
5. Good Faith Statement
Noir Case Files operates in good faith and makes every effort to ensure that content on our Site does not infringe upon the copyrights of others. Our content is primarily original, educational, and commentary-based. Where third-party material is referenced, we aim to do so within the bounds of fair dealing (Canada) and fair use (United States) for purposes of commentary, criticism, education, and news reporting.
We take all DMCA notices seriously and will respond promptly to legitimate claims. However, please note that filing a false DMCA takedown notice may result in liability for damages, including costs and attorney's fees, under Section 512(f) of the DMCA.
6. Repeat Infringers
In accordance with the DMCA, we will terminate access for users who are determined to be repeat infringers in appropriate circumstances.
7. Contact
For all DMCA-related inquiries, please contact: