DMCA and Copyright Policy

Respect for Intellectual Property

Smart Digests respects the intellectual property rights of others and expects its users to do the same. This policy describes how we handle claims of copyright infringement on our Website, in compliance with the Digital Millennium Copyright Act (DMCA) of the United States and the Canadian Copyright Act (R.S.C., 1985, c. C-42).

DMCA Compliance

If you are a copyright owner (or an agent thereof) and believe that any content on Smart Digests infringes your copyright, you may submit a notification pursuant to the DMCA by providing our designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material on the Website (e.g., the URL of the specific page).
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury (under U.S. law), that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent. Your counter-notification must include:

  1. Your physical or electronic signature.
  2. 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 disabled.
  3. A statement 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.
  4. Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, for addresses outside the United States, the District of Ontario, Canada), and that you will accept service of process from the person who provided the original notification.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Smart Digests has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Smart Digests may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Canadian Copyright Act

In addition to DMCA compliance, we operate in accordance with Canada’s Copyright Act (R.S.C., 1985, c. C-42) and the Copyright Modernization Act (Bill C-11, 2012). Under Canadian law:

  • Copyright in Canada generally lasts for the life of the author plus 70 years (as amended by the Canada-United States-Mexico Agreement Implementation Act).
  • Fair dealing for purposes including research, private study, education, parody, satire, criticism, review, and news reporting is permitted under certain conditions.
  • Internet service providers and hosts (including website operators) may benefit from certain safe harbours under the “notice and notice” regime established by the Copyright Modernization Act.

Notice and Notice Regime (Canada)

Under Canada’s “notice and notice” system, copyright owners may send a notice of claimed infringement to an ISP or host, which is then obligated to forward the notice to the alleged infringer and retain records. Smart Digests will comply with its obligations under this regime where applicable.

Copyright Agent Contact

All DMCA notifications, counter-notifications, and Canadian copyright inquiries should be sent to our designated Copyright Agent:

Smart Digests — Copyright Agent
250 Yonge Street, Suite 2200
Toronto, Ontario M5B 2L7
Canada
Email: [email protected]

Good Faith

Under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability. We encourage all parties to act in good faith and to seek legal counsel before filing a DMCA notification or counter-notification.

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