DMCA Policy

1. Scope and Policy

usa-arrests.org/ publishes original editorial content — practical step-by-step guides, walkthroughs of state record systems, summaries of statutes, and reference tables. We respect the copyright of others and respond to valid DMCA notices targeting copyrighted material we have allegedly published without authorization.

This policy applies to all original content on usa-arrests.org/. It does not apply to:

• Content on third-party sites we link to (raise concerns with that site directly)
• Government public records, which are generally not copyrightable
• Short factual statements, statute citations, agency names, and similar non-copyrightable material

2. The DMCA Framework — 17 U.S.C. § 512

The Digital Millennium Copyright Act of 1998, codified at 17 U.S.C. § 512, provides a structured “notice and takedown” procedure for online copyright disputes. It establishes a safe harbor for online service providers who follow the procedure: a copyright holder sends a properly formatted notice; the service provider expeditiously removes or disables access to the material; the user who posted the material may send a counter-notice; if no court action is filed within 10–14 business days, the material may be restored.

The U.S. Copyright Office maintains the official DMCA Designated Agent Directory at copyright.gov/dmca-directory. Statute text: 17 U.S.C. § 512.

3. Six Required Elements of a Takedown Notice

Under 17 U.S.C. § 512(c)(3), a valid DMCA notice must contain all six of the following elements. A notice missing any of them is not effective and we are not obligated to act on it:

1. Physical or electronic signature of a person authorized 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 works at one site are covered by a single notice, a representative list of those works.
3. Identification of the allegedly infringing material — the URL on usa-arrests.org/ and a description sufficient for us to locate it. Page-level URLs are required; we cannot act on a notice that points to the homepage or a generic search.
4. Contact information for the complaining party — name, postal address, telephone number, and email.
5. Good-faith statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
6. Statement under penalty of perjury: “The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

4. How to Send a Notice

1. Confirm the material is on usa-arrests.org/. Notices about content on third-party sites we link to must be sent to that site. Notices about government public records are not actionable under DMCA — see Section 11.
2. Confirm you own the copyright or are an authorized agent. Submitting a DMCA notice without authority is a material misrepresentation under 17 U.S.C. § 512(f) (see Section 10).
3. Compile the six elements in a written notice (email is acceptable).
4. Send the notice to info@usa-arrests.org with the subject line “DMCA Notice — [your work].” A copy may also be sent to the address on file with the U.S. Copyright Office for the designated agent.
5. Wait for acknowledgment. We will acknowledge receipt within 5 business days.

5. What We Do When We Receive a Valid Notice

• Acknowledge receipt within 5 business days
• Review the notice for completeness against the six required elements
• If facially valid, expeditiously remove or disable access to the identified material, consistent with 17 U.S.C. § 512(c)(1)(C)
• Notify the user who posted the material, where applicable, and provide a copy of the notice (your name and contact information may be included; do not include information you don’t want disclosed)
• Forward any subsequent counter-notice to you per § 512(g)(2)
• Restore the material if a counter-notice is received and you do not file a court action within 10–14 business days

6. Counter-Notice Procedure (§ 512(g))

If material you posted has been removed in response to a DMCA notice and you believe the removal was a mistake or misidentification, you may submit a counter-notice. We will then forward it to the original complainant. If they do not file a federal court action within 10–14 business days, we may restore the material to the site.

7. Required Elements of a Counter-Notice (§ 512(g)(3))

1. Physical or electronic signature of the subscriber.
2. Identification of the material that has been removed and the location at which it appeared before removal.
3. Statement under penalty of perjury: “I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
4. Subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or, if outside the U.S., for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the original complainant.

Send counter-notices to info@usa-arrests.org with subject line “DMCA Counter-Notice.”

8. Repeat Infringer Policy (§ 512(i))

Consistent with 17 U.S.C. § 512(i), we maintain and reasonably implement a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. As an editorial publication that does not host third-party uploads in the way a typical UGC platform does, the practical application is rare; but the policy stands and applies to any commenter, contributor, or contractor whose conduct triggers it.

9. Trademark Complaints

The DMCA covers copyright only. Trademark concerns are governed by separate federal law, principally the Lanham Act (15 U.S.C. § 1051 et seq.). If you believe a trademark you own is being misused on the site:

• Email info@usa-arrests.org with subject line “Trademark complaint”
• Identify the registered mark (USPTO registration number if applicable — search at tmsearch.uspto.gov)
• Identify where on usa-arrests.org/ you believe the mark is being misused
• Explain the basis of your concern (likelihood of confusion, false endorsement, etc.)
• Provide your contact information

We will review trademark complaints in good faith and respond within 10 business days. We do not, however, accept demands to remove accurate factual references to government agencies, court systems, or statutes — those are not trademark infringement.

10. § 512(f) Misuse Warning — Knowingly False Notices

Notable case law on § 512(f) includes Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016), which held that copyright holders must consider fair use before sending a takedown notice.

11. Public Records — What DMCA Cannot Do

12. Designated Agent Information

For purposes of 17 U.S.C. § 512, the designated agent for receipt of DMCA notifications for usa-arrests.org/ is reachable at:

• Email: info@usa-arrests.org
• Subject line: “DMCA Notice”

Designated agent registrations are public and searchable at the U.S. Copyright Office DMCA Designated Agent Directory: copyright.gov/dmca-directory.

13. Contact

For DMCA notices, counter-notices, and trademark concerns, email info@usa-arrests.org with the relevant subject line. We acknowledge receipt within 5 business days and act on facially valid notices expeditiously.