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Legal Notices

Copyright Disputes and Violations

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Diskery, at its very basic core, is a compilation of works accumulated over nearly 20 years. Although every effort is made to secure license rights, use public domain material, use works under "fair use" exemptions, and offer proper accreditation, Diskery is operated by humans and humans make mistakes. People get tired, lazy, in a hurry. Files get mixed up, steps get skipped... and... well sometimes people conduct nefarious acts.

If you believe your work is here and should not be, or is being misrepresented... we want to know! Don't call a lawyer YET... we take this seriously, so please consider this:

  • Having your work placed here is a great form of free promotion. Are you sure you want to remove it?
  • Is the work actually stored at Diskery? If we are simply linking to somewhere else we may not have violated anything, and you need to go to the source.
  • Did Diskery get permission from someone representing you and you didn't know about the grant?
  • Is your work at Diskery being possibly used under "fair use" exemption?
  • Is your copyright valid and enforceable where Diskery is located?
  • Can you prove you are the OWNER of the work in question, or the legal representative acting on behalf of the owner?
If it passes all these testes then:
Go ahead and contact us! Be able to offer proof of ownership or representation. If you claim to be the owner of a work and are not, this may mean WE will have legal claim against you. We will ONLY speak with the owner or their direct representatives; not any third party organization claiming to be working on their behalf. Be sure to describe the material in question and where it is located at the site so we can successfully find it.

Under law, Diskery is permitted reasonable time (by standard 15 business days) to investigate the matter. If the material in question is in violation it will be removed or modified to be in compliance. Diskery is NOT obligated, without a direct court order, to supply you the names of those responsible, corrective measures or disciplinary actions or any other activities taken to correct the matter (sometimes we honestly don't know who did it), other than the removal or requested modification of the offending material. If you are seeking compensation beyond the simple removal or modification then you may need to seek legal advice. Simply contact us by e-mail to begin the procedures.

Offer Proof of Ownership or Representation:
To prove you are the rightful owner of a copyright or representative there-of is done in one or all of the following ways sent as an e-mail attachment:

  • A JPG (or equivalent) scan of your government issued Copyright Certificate.
  • Since obtaining a certificate is no longer required in most jurisdictions you can also supply a bill of sale/invoice should you have purchased the rights to a work.
  • Since obtaining a certificate is no longer required in most jurisdictions you can also offer evidence of your ownership by citing media sources, sales outlets, universities, libraries, or other credible sources that demonstrate your work and credit you for it; a JPG (or equivalent) scan of your government national library registration certificate will also suffice.
  • If representative: also send a scan of your contract/agreement with owner - at minimal the component that states the relationship between the two parties.
NOTE: "Owner" and "Author/Creator" are two different entities, often the same person. Nonetheless "Owner" has the legal power.

Any attempt to threaten, coerce or in any way hint/suggest a settlement by demand in your communication will be ignored (example: "We require a payment of $500 to stop legal action..."), as they are not acceptable demands in this jurisdiction; such activities are called "extortion" and may cause you loss of your claim of ownership. Also, any attempt the threaten with harm any individual will be met with harsh legal action.

We are NOT required to reply to your communique, only comply with the request if the request is valid. The onus will be on you to follow up that it has been done.

File record #: 12

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