DMCA Policy (E Shikshakosh) eshikshakoosh.com

At EshikshaKoosh, we are committed to maintaining a platform that respects the intellectual property rights of content creators. As an online service, we are aware of the importance of intellectual property and the legal protections afforded to copyright holders under the Digital Millennium Copyright Act (DMCA) of 1998. This policy outlines the procedure for copyright holders to report infringement of their work on our platform and how we handle these complaints in compliance with the DMCA.

The DMCA was enacted to provide a framework for the online community to handle claims of copyright infringement. By following the guidelines in this policy, we aim to ensure that copyright owners’ rights are upheld, and we also protect our users from unjust removal of their content.

Our policy ensures that all parties involved in a copyright dispute have a fair chance to present their case. Whether you’re a creator whose work has been infringed upon or a user whose content has been wrongly removed, we ensure that we follow due process to resolve the situation swiftly and fairly.

How to Submit a DMCA Notice

If you believe that your copyrighted material has been infringed upon on our website, please send a written DMCA notice to our designated agent. A proper DMCA notice must include the following information to help us understand the infringement and proceed with the appropriate action:

1. Description of the Copyrighted Work
   Clearly describe the copyrighted material you claim is being infringed. If possible, provide a link to the original work or a copy of the material that proves ownership. Example: “The copyrighted work is a book titled ‘Digital Learning for Everyone,’ published by [Your Name], which has been uploaded on your site without my authorization.”
2. Location of the Infringing Content
   Provide specific details regarding where the infringing material can be found on our website. This should include URLs or a detailed description of the page or post containing the infringing content. Example: “The infringing content can be found on the page at www.eshikshakoosh.com/educational-resources/1234.”
3. Your Contact Information
   To process your DMCA notice, we need your complete contact information. This includes your full name, physical address, phone number, and email address. Your contact details will only be used for the purpose of responding to the DMCA notice or facilitating further communications.
4. Good-Faith Belief Statement
   Provide a statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law. This statement serves as a declaration of your belief in the validity of your claim. Example: “I have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law.”
5. Accuracy and Authority Statement
   You must confirm that the information in your DMCA notice is accurate. You also need to certify that you are the copyright owner or are authorized to act on behalf of the owner. This can be a key component in avoiding false claims. Example: “The information provided in this notice is accurate, and I am authorized to act on behalf of the copyright owner.”
6. Signature
   Include your physical or electronic signature. The signature is required to verify the authenticity of the DMCA notice. Example: “Signature: [Your Signature] or [Electronic Signature].”

How to Submit a DMCA Counter-Notice

If your content has been removed as a result of a DMCA takedown request and you believe that your work was wrongfully removed, you have the right to submit a counter-notice. A counter-notice is a formal statement that explains why you believe the content in question was removed in error.

To submit a valid counter-notice, please include the following information:

1. Your Contact Information
   As with a DMCA notice, you must provide your full name, address, phone number, and email address. We require this to ensure that we can communicate with you if necessary.
2. Identification of the Material That Was Removed
   Provide specific details regarding the content that was removed. This should include a description of the material, along with the URL(s) of the page or post from which the content was removed. Example: “The content that was removed was an article titled ‘Best Practices in Digital Learning,’ originally posted at www.eshikshakoosh.com/learning-strategies.”
3. A Statement Under Penalty of Perjury
   You must state that the material was removed by mistake or misidentification. This is an essential part of the counter-notice to help us review the situation properly. Example: “I declare under penalty of perjury that the content was removed by mistake or misidentification.”
4. Your Consent to Jurisdiction
   A counter-notice also requires you to agree to the jurisdiction of the courts where we are located (New York, NY). This is necessary in case the copyright owner or complainant decides to take legal action. Example: “I consent to the jurisdiction of the federal court in the district where your business is located.”
5. Signature
   Like the DMCA notice, the counter-notice must be signed, either physically or electronically, to confirm that the information provided is true and accurate. Example: “Signature: [Your Signature] or [Electronic Signature].”

Once we receive your valid counter-notice, we will restore the content unless the original copyright complainant notifies us of a legal action to stop the restoration. Privacy Policy (E Shikshakosh) eshikshakoosh.com

How We Handle DMCA Complaints

Upon receiving a valid DMCA notice, we will follow these steps:

1. Verification of the Complaint
   We will review the DMCA notice to ensure that it complies with the legal requirements outlined in the DMCA. If the notice is complete and legally valid, we will remove the allegedly infringing content promptly.
2. Notification to the User
   If we remove content due to a DMCA complaint, we will notify the user responsible for uploading the content. The user will have the opportunity to file a counter-notice if they believe the removal was unjustified.
3. Removal of Content
   If the DMCA notice is valid and substantiated, we will remove the alleged infringing content. This will typically happen within a reasonable time frame (usually within 24 to 48 hours of receiving the complaint).
4. Restoration of Content
   If a counter-notice is submitted by the user and is found to be valid, we will restore the removed content unless we receive notice from the complainant indicating that legal action has been initiated.

Repeat Infringers

EshikshaKoosh follows a three-strikes policy for repeat offenders who are found to be infringing copyright laws repeatedly. If a user’s content is removed for copyright infringement on three separate occasions, we reserve the right to suspend or permanently terminate their account. We take this measure to protect the integrity of the platform and ensure that copyright holders’ rights are respected.

Safe Harbor Provisions

As a website and platform, EshikshaKoosh benefits from the “Safe Harbor” provisions outlined in the DMCA, which protects us from liability for user-uploaded content, provided we act quickly to remove infringing content once notified. However, we are committed to ensuring that we follow the necessary steps to prevent unauthorized content from being shared on our platform in the first place.

Fair Use and Educational Content

We also recognize the importance of fair use, especially in the context of educational materials. If you believe your content falls under fair use but have received a takedown notice, we encourage you to submit a counter-notice with a clear explanation of how the content is protected under fair use. In such cases, the dispute may be subject to further review by legal authorities.

Conclusion

At EshikshaKoosh, we strive to balance the interests of copyright holders with the rights of users to freely express and share ideas. We are committed to upholding copyright laws in accordance with the DMCA while providing a fair and transparent process for resolving disputes. If you believe your content has been infringed or have had content removed from our platform that you believe was wrongfully taken down, please follow the appropriate procedure outlined in this policy.

We also encourage users to respect the intellectual property of others by ensuring they have the necessary rights or permissions before uploading content to our platform. In doing so, we can help build a more respectful and lawful digital environment for everyone.

If you have any questions or concerns about this DMCA Policy, please contact our designated DMCA agent at dmca@eshikshakoosh.com.