Waterpedia is committed to the freedom of expression of its contributors, editors and community members, but we also realize that our wiki-based web platform contains user-generated content (USC) which might be used in a way that is illegal and can cause damage to other parties. Waterpedia's role as an Online Service Provider (OSP) is limited and in the unfortunate event when we find or is notified of unlawful content being distributed through our Service, we will follow the procedures described below and by using our website, you agree to be bound by our DMCA and NTD policies below.
Waterpedia is based in the Netherlands and subscribed to the Dutch Notice and Take Down Code of Conduct (“NTD-gedragscode”) of the Platform Internet Security (Platform Internetveiligheid). In addition, Waterpedia is also registered with the U.S. Copyright Office in Washington D.C. for the designated agent to receive notification of under the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), as we may be required to remove content from the Waterpedia website in response to claimed infringement with an official DMCA request to take down the content.
Send your notice to our designated agent by snail-mail or email (preferred option for quick response) as set forth in the link below:
Click this link for Waterpedia DMCA Designated Agent
Contact details for reporting copyright infringement
Please be informed that any Digital Millennium Copyright Act (“DMCA”) takedown notices sent to Waterpedia may be sent to third parties (including the content uploader), publicly posted on the Internet (such as Waterpedia Copyright violation page) as well as https://lumendatabase.org/), and may subject to public discussion.
About the Dutch Notice and Take Down Code of Conduct
The Netherlands online sector has developed the voluntary code of conduct called the “notice and takedown” (NTD) based on the philosophy of a free, open and safe Internet, and of a minimal interference of governments within the Internet. Providers of digital infrastructure (Online Service Providers) are in principle considered as neutral and content-agnostic intermediaries.
This NTD code is one of the items of an initiative of organizations that are doing their best to combat the presence of unlawful information (‘content’) on (the Dutch component of) the Internet. The initiative has originated from the desire of governmental and private sector organizations to establish agreements in the field of Notice-and-Take-Down (NTD). The Code is intended for dealing with things such as child pornography, plagiarism, discrimination and the sale of illegal or stolen goods.
This code establishes a procedure for intermediaries like Waterpedia to deal with reports of unlawful content on the internet that provide a public service on the internet in the Netherlands.
The notifier is responsible for ensuring reports are correct and complete.
Waterpedia should be able to verify that reports as part of an investigation regarding a criminal offense have originated from an inspection or investigation service, or – in the case of a formal legal order – from the Public Prosecutor’s Office.
The notifier, in any case, provides the following information:
- the contact details of the notifier;
- the information that Waterpedia needs to be able to evaluate the content, at least including the location (URL);
- a statement of the reason why this Waterpedia is being approached as the most appropriate intermediary to deal with the matter.
The notifier can request Waterpedia to deal with the report as a matter of urgency. The reasons for this should be fully explained by the notifier. Waterpedia determines whether the report is dealt with as a matter of urgency on the basis of the explanation of the reasons.
Waterpedia can request an explicit indemnity from a notifier against claims from the content provider as a result of taking measures in the context of dealing with the report.
On receipt of a report, Waterpedia shall evaluate the report according to its own procedure classified as below:
- a) Content violation reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office;
- b) Content violation reported by other sources than the authorities listed under a); and
- c) All other content, falling neither under classification a) or b).
Waterpedia’s classification of the report determines which measures are taken to address the report.
- a) In the event that Waterpedia decides that the content concerned is unequivocally unlawful or punishable, in other words, falls under the above mentioned classification a) and b), Waterpedia ensures that the content concerned is immediately removed with a formal warning to the user/contributor/editor as per our Terms of Service;
- b) In the event that Waterpedia decides that the content concerned is not unequivocally unlawful or punishable, in other words, falls under the above-mentioned classification c), the content concerned shall not be removed. Waterpedia will inform Notifier accordingly as per our Terms of Service.
- d) In the events that content is to be removed, Waterpedia shall exercise due to caution to ensure that no more than the necessary content, in regards to the report, is removed.
REPORT PROCESSING PERIOD
Report classification and appropriate measures will preferably take place within 5 business days from the date after receiving the report.
About the Digital Millennium Copyright Act
Under the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), Waterpedia may be required to remove content from the website in response to an official DMCA request to take down the content. The Act creates a safe harbor, or a legal exemption, from copyright infringement liability for Internet service providers (ISPs) and other intermediaries. This immunity has been an asset for the entire free knowledge movement and it has been critical to upholding many of the user freedoms that have contributed to the movement’s success. To retain this safe harbor status, Waterpedia is required to comply with a validly formulated notice and remove potentially infringing works.
To encourage and maintain free speech on our sites, Waterpedia will push back against DMCA takedown requests if we believe that the content in question is actually lawful. The law requires that DMCA requests be made by the holder of a valid copyright in the work or by an agent authorized to act on behalf of the owner, and requires that requests are made in good faith under penalty of perjury.
IF YOU ARE A COPYRIGHT OWNER
If you are a copyright owner and you believe that your work is being infringed, in the spirit of open collaboration, Waterpedia encourages you to seek resolution through the Waterpedia community by sending your email to firstname.lastname@example.org or using Contact form in an informal request for content removal. When you contact the Waterpedia community, please provide the exact URL (the “address” or “location” of the page as shown by your web browser) of the content and provide enough information to substantiate your claim of copyright ownership. You must support your concern with a link to your publication, a scanned page of the work, and enough publication details for the community to evaluate your request.
Alternatively, you may initiate a formal DMCA takedown process as set out here and in our Terms of Service. Please note that a third party may submit a counter notice challenging your takedown request, at which point Waterpedia is required to restore the previously-removed content. You may then initiate legal proceedings against the third party who files a DMCA counter notice in order to determine copyright ownership and the legality of the material’s use. You may also be liable for damages, such as costs and attorney fees if you knowingly and materially misrepresent your claim. As Waterpedia is unable to provide you with legal advice, you may wish to consult an attorney before filing a DMCA takedown notice.
To initiate a formal DMCA takedown request, please send a letter to us at email@example.com or to Waterpedia’s DMCA designated agent address mentioned above:
The takedown notice must substantially comply with the provisions of 17. U.S.C. § 512(c)(3)(A). Submission of a takedown notice further requires that you consent to the jurisdiction of a United States court. Statutory requirements of a valid DMCA takedown notice include:
- your physical or electronic signature;
- your contact information;
- identification of what work is being infringed;
- identification of the material that you believe to be infringing and a description that allows us to locate the material on our website;
- a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Once you have initiated a DMCA takedown notice
If Waterpedia receives a valid and statutorily-compliant DMCA takedown notice, we will remove the content upon satisfactory review of the merits of the infringement claim. Once the content is removed, we will post the notice online on our own site and send the report to Lumen database and other third parties if appropriate. We will also take reasonable steps to notify the content uploader of the DMCA notice.
The content uploader may respond with a DMCA counternotice. The counter notice operates much like the original notice but works in the reverse. Please note that there is no statute of limitations for counter notices.
If Waterpedia receives a valid counter notice, we will seek to notify you of its receipt. You will have 10 business days to file suit and enjoin continued use of the content. If you decline to file suit, Waterpedia will restore the content pursuant to 17 U.S.C. § 512 (g)(2)(B)-(C). Waterpedia will also post the counter notice online. Posted counter notices may be found here.
IF YOU ARE AN UPLOADER OF CONTENT
If you are the uploader of content that has been subject to removal in response to a DMCA takedown notice, we will make reasonable efforts to notify you of the action. In an effort to be transparent, we will also post the DMCA takedown notice online on our own site and on Lumen, and other third parties if appropriate.
If a contribution of yours was the subject of a DMCA takedown and you believe that the contribution did not violate copyright laws, you may wish to file a counter notice. Please consider that filing a counter notice may lead to legal proceedings between you and the sender of the takedown notice to determine ownership and legality of the use of the material. You may also be liable for damages, including costs and attorney fees if you knowingly and substantially misrepresent your claim. As Waterpedia is unable to provide you with legal advice, you may wish to consult an attorney before filing a counter notice.
Any counter notice that you file must meet statutory provisions under the DMCA and requires that you consent to the jurisdiction of a United States court. Requirements of a compliant DMCA counter notice under 17 U.S.C. § 512 (g)(3) include:
- your physical or electronic signature;
- your name, address, and phone number;
- identification of the material and its location before it was removed;
- a statement under penalty of perjury that the material was removed by mistake or misidentification;
- your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your * service provider is located (if you are not in the U.S.); and
- your consent to accept service of process from the party who submitted the takedown notice.
What can I expect if I file a DMCA counter notice?
If Waterpedia receives a statutorily-compliant counter notice, we will make reasonable efforts to notify the original requestor of the takedown that a counter notice was received. The original requestor will have 10 business days from the date Waterpedia notifies the original requestor of the counter notice to prevent the restoration of the content by filing a lawsuit. If the original requestor has not filed suit, Waterpedia will restore your content between 10 and 14 business days after receipt of the counter notice. Waterpedia will also post the counter notice online.
WHAT HAPPENS TO REPEAT COPYRIGHT INFRINGERS?
Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers (see 17 U.S.C. § 512 (i)(1)(A)).