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DMCA Removal

History Archive (“the Website”) has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).

The email address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

This information is available for anyone that wishes to challenge our "fair use" of copyrighted material or believes an image we are using is not actually in the public domain.

Images displayed on www.historyarchive.org that are not in the public domain remain the copyright material of their respective owners.

If notice is given of an alleged copyright violation we will investigate the matter and take the necessary actions to review the content in question. We will not respond to any requests to remove known public domain items on the basis these are deemed "offensive". The only instance in which we will remove an item from our website is if it can be proven this image violates the Fair Use clause (Section 107) of the Copyright Act of 1976.

Fair Use - Section 107 of Copyright Act 1976

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses-such as criticism, comment, news reporting, teaching, scholarship, and research-as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:

[1] Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.

[2] Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.

[3] Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part-or the “heart”-of the work.

[4] Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work-or specific number of words, lines, pages, copies-may be used without permission.

Read more at the U.S. Copyright Office page for Fair Use.

DMCA Removal Request

If you are a legal copyright holder or a designated agent for such and you still believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of "Fair Use", please send a notice of infringement by contacting us at: support@historyarchive.org.

You must provide enough identification of the material that is claimed to be infringing including information regarding the specific location of the infringing materials on the website that the copyright owner seeks to have removed, with sufficient detail so that the website is capable of finding and verifying its existence.

You must also supply thorough information about why this image is not in the public domain or violates the Fair Use clause of the Copyright Act of 1976.

You must also provide the contact information of the person notifying the website, including address, telephone number and, if available, e-mail address;

By submitting a DMCA investigation request you create a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Any fraudulent claims against public domain or Fair Use material will not be considered or will be forwarded to the proper authorities if subsequent claims are made.

ONCE PROPER BONA FIDE INFRINGEMENT IS RECEIVED BY THE DESIGNATED AGENT THROUGH INVESTIGATION:

It is the website’s policy:

[1] To remove or disable access to the infringing material;

[2] To notify the content provider, member or user that it has removed or disabled access to the material; and

[3] Repeat offenders will have the infringing material removed from the system and that the website will terminate any such originating content provider’s, member’s or user’s access to our service.

Please contact the website administrators following the above procedures at: support@historyarchive.org if you still feel you have a valid DMCA removal request.