EFGA Suggested IP Challenge Policy

This is Electronic Frontier Georgia’s recommended policy for challenging copyright infringements with Internet Service Providers (ISPs) or with Internet Presence Providers (IPPs), collectively referred to as Internet Access Providers (IAPs). This policy is designed to balance the needs of copyright holders, the needs of IAPs and the rights of internet users.
The IAP’s network and hard drives simply act as a conduit, transferring information to and/or from users. The IAP does not control the content of it’s servers.

EFGA IP Challenge Policy

  1. The complainant shall make a reasonable attempt to contact the user who has supplied the alleged infringing material. The complainant shall ask the posting party to remove the alleged offending material. The IAP shall remain neutral on this matter.

  2. The complainant shall provide the IAP and the posting party with notice of the alleged violation with enough specific detail to allow the IAP to locate the alleged infringement.

  3. Complainant shall substantiate its claim by providing the IAP with:
    1. The copyright or trademark registration number;
    2. A copy of the underlying work;
    3. A good faith certification, signed under penalty of perjury, that the original work is the property of complainant, that a significant portion of that work has been copied, and that the use of the work is not defensible; and,
    4. A copy of the complainant’s good faith notice sent to the user who has posted the alleged offending material.

  4. Upon receipt of notice from the complaining party, the posting party has a reasonable time to respond, either removing the offending material or by challenging the complainant by providing the IAP with a copy of the user’s response to the complainant.

  5. Upon receipt of the information identified in item 3 above, the IAP will initiate an investigation. If the alleged infringement, on its face, poses a clearly identifiable unreasonable risk that the offending material is a copyright violation, the IAP will remove or block access to the material in question.

  6. If the user fails to respond, the IAP shall remove the alleged infringement immediately and without further notice to the user. If the user responds stating that the complainant has not raised a legitimate claim, the IAP will refer the complainant to civil legal remedies against the user.

  7. The complainant may use the user’s self published contact information for communications. The IAP will protect the privacy of its users and only provide the user’s private contact information upon receipt of a court order.

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