Overview

The “right to copy” creative works is protected by copyright, which is a legal concept. Typically, the things protected are images, music, literary works, videos, and so on, although technically, any creative expression — even a grocery list — can be protected under copyright law.

Most industrialized countries provide some type of legal protection for copyright holders, frequently imposing severe civil and criminal penalties on those who violate copyrights. Unauthorized/illegal use of copyrighted materials is prohibited by GreggHost’s regulations.

This page is mostly for existing GreggHost customers. If you suspect a GreggHost customer has infringed on your copyright, you may skip the section below on reporting copyright infringement to GreggHost.

GreggHost rules

In combination with its services, GreggHost does not allow customers to engage in or knowingly aid the illicit distribution or acquisition of copyrighted material. Any of the following are illegal unless you have acquired written permission from the copyright holder – or are the copyright holder yourself:

Downloading or sharing commercial DVD rips, TV series, and other similar content is prohibited.
Keeping “back-up” copies of DVD rips, TV series, and other illegally obtained content.
Distributing images, photos, and videos that belong to someone else.
Songs and music files are distributed.
It’s also worth noting that GreggHost forbids the encouragement of copyright infringement. This includes linking to pirated files (even those hosted on non-GreggHost servers), running BitTorrent trackers that predominantly offer illicit content, running ‘warez’ forums, and so on.

Obviously, there is considerable subjectivity in these things, and it is all too easy to unintentionally promote copyright infringement. As a result, when determining what constitutes contributory copyright infringement, GreggHost takes a reasonable approach. For example, putting one or two YouTube videos on your website is not the same as running a website that indexes and links to commercial Hollywood movie downloads.

Distribution

For the purposes of GreggHost’s regulations, distributing material directly from your account (i.e., sharing files from your web space or via FTP) or embedding material from non-GreggHost servers so that it displays within your server) is considered “distribution.” It also includes, as previously mentioned, deliberately assisting copyright infringement by linking to known infringing works.

Acquisition

Using your GreggHost account to illegally access copyrighted material is considered “acquisition” for the purposes of GreggHost regulations. This usually entails the use of BitTorrent, wget, curl, FTP, and other similar programs.

Storage

‘Storage,’ as defined by GreggHost regulations, refers to the storage of copyrighted material obtained illegally. Such behaviour is forbidden if you use BitTorrent or another method on your own computer to unlawfully download a DVD rip and then store a copy under your GreggHost account (even if it isn’t being re-distributed).

Complaints & the DMCA process

If GreggHost discovers an obvious infringement, you will be contacted and asked to delete the infringing material as well as desist from copyright violations in the future. According to the Terms of Service, very serious infringements usually result in immediate disablement without reimbursement.

When GreggHost is approached by a third party, it is sometimes the only way it learns of a probable violation. GreggHost requires the copyright holder — or someone acting on their behalf in an official capacity — to submit a formal DMCA (Digital Millennium Copyright Act) Notification in such circumstances. The DMCA Title II, generally known as the Online Copyright Infringement Liability Limitation Act, explains this process.

In a nutshell, the procedure is as follows:

The copyright holder files a formal DMCA Notice of Infringement with GreggHost, referring GreggHost to the allegedly infringing content. If the Notification satisfies all legal criteria, GreggHost promptly removes (or orders the client to delete) the information. In order to counter the initial complaint, you can file a formal DMCA Counter-Notification as the site’s owner. If GreggHost does not receive notification from the complaint party that they have filed litigation against you within 10 business days, GreggHost will re-instate the material.

DMCA notification

According to the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3)(A)(i-vi), a legal document filed under penalty of perjury stating that the filing party is or represents the copyright holder, that they have a good faith belief that infringement is occurring, and identifying the infringing content. Because this is a legal document with extremely particular criteria, it is advised that it be drafted with the assistance of an attorney.

When filing a DMCA Notification, it is critical to supply GreggHost with a complete list of all infringing materials. The DMCA Notification may not be accepted if the list is confusing or unduly broad. It is preferable to have a complete list of specific URLs.

DMCA takedown

This is the process by which GreggHost employees ensure that the content indicated in the complaining party’s Notification gets removed from the internet. Normally, GreggHost eliminates such content, but in some situations, the customer’s cooperation may be necessary.

DMCA counter-notification

A court document filed under penalty of perjury in which the proprietor of the GreggHost-hosted site asserts that the removal of the material should not have taken place (i.e., it falls under Fair Use). Because this is a legal document with extremely particular criteria, it is advised that it be drafted with the assistance of an attorney.

DMCA reinstatement

This is the process through which GreggHost employees restore the content that was removed during the DMCA takedown. This happens within ten days of the original takedown. The account owner’s assistance may be required in some circumstances to complete the reinstatement.

Note that this is a very broad overview of the DMCA process; the law’s specifics are beyond the scope of this paper. It is strongly advised that you seek the advice of a knowledgeable intellectual property attorney in such cases. Please keep in mind that GreggHost is unable to provide legal advice as a neutral third party.

DMCA abuse & misuse

Occasionally, someone will attempt to openly abuse the DMCA procedure in order to remove content from another’s website. When this happens, it’s usually to censor anything that they feel offensive or critical of them. Sometimes it’s just a case of the DMCA Notification being too broad or unclear.

In any case, GreggHost will not accept a DMCA Notification that is manifestly invalid, too broad, or confusing. The DMCA is not a weapon for bullying or censoring customers, and those who take advantage of it risk facing serious legal consequences.

Termination

GreggHost maintains the right to suspend or terminate any account discovered to be violating copyright at any time, with or without notice. Multiple legally uncontested DMCA Notifications are normally regarded as evidence of infringement and, as a result, are usually grounds for termination.

Reporting copyright infringement to GreggHost

If you feel a GreggHost client is infringing on your copyright, send a formal DMCA Notification to GreggHost along with a detailed list of all allegedly infringing works (direct URLs). The writing of such a document can be assisted by a knowledgeable intellectual property attorney.

Do I immediately own the copyright to a photograph or video if I’m in it?
The copyright to a certain photograph, video, or other creative work is legally held by the individual who actually developed it. A photographer or filmmaker, for example. Even if your face plays a key role in the work, being in an image or video does not automatically give you rights of the image or its distribution.

Make sure you’re comfortable with this before putting yourself in a situation where you’ll be videotaped or photographed, since you may discover the hard way that you don’t have control over your own image.

I’m not the owner of the copyright, but I’d want to report infringement.
Please notify GreggHost if you notice any evident or flagrant infringement. However, GreggHost must receive a DMCA Notification directly from the copyright holder or their official agent in all but the most blatant of circumstances (even in some cases that may look like clear violation to you) before any content may be removed. If that isn’t you, the best thing you can do is contact the copyright owners directly and send them a link to this page so they can contact GreggHost.

Is it truly necessary for me to hire an attorney?
Although it is highly suggested, you do not technically require an attorney to write a DMCA Notification. There are some upfront expenditures, but you might end up in significant legal trouble if you don’t know what you’re doing. While filing a completely compliant DMCA Notification may be difficult for most people, any competent intellectual property attorney should have no trouble with it. As far as these things go, it won’t take long or cost much, and it’ll still be less expensive than being sued.

In any case, GreggHost will review your DMCA Notification to ensure that it complies with all applicable legal requirements. If it doesn’t, GreggHost won’t be able to do anything.

Where should I send the DMCA Notice?
If you’ve read the foregoing and still believe your copyright is being violated, please send your DMCA Notification to:

[email protected]
Please include it in the body of the message rather than as an attachment.

FAQs
What if the copyright () symbol is missing?
While it is common to see the copyright symbol () on copyrighted works, it is not obligatory. Copyright protection is applied to all creative works at the time of creation.

What if I discovered it on the web?
Finding content on the Internet does not automatically grant you permission to redistribute it. It’s possible that someone else is also infringing on the copyright holder’s rights, but that doesn’t give you the legal authority to do so. Before redistributing any content, you should get permission.

It should be noted that some content has been made public domain, however this is extremely rare. Content released under an extremely permissive license, such as Creative Commons, is more prevalent. You are free to redistribute these as long as you adhere to the license’s conditions.

What if I don’t make any money from it?
While the penalties for infringement with the purpose to profit are much harsher, you can still be held accountable for infringement even if you do not profit from it.

Nobody has expressed any dissatisfaction. Is there an issue?
You must still verify that your use is permitted, which requires first acquiring permission from the copyright holder. Whether they are likely to protest or not, you should presume that they do not allow redistribution unless they explicitly state that they do. In other words, it is your responsibility to determine whether it is legal, not the copyright holder’s.

What about anime that isn’t licensed and is subtitled by fans?
Copyright law does not apply to creative works created in other countries, such as Japanese anime or manga, according to a prevalent misperception. This is not accurate, as both Japan and the United States, along with about 160 other nations, are signatories to the Berne Convention for the Protection of Literary and Artistic Works. Even across international borders, copyrights are recognized and protected. This means that anime (including “fansubbed”), manga, and other works are subject to the same copyright protections as other works.

As a result, all of the standard copyright policies apply.

What if the content was uploaded by a site visitor rather than me?
Any material linked with your account is your responsibility. Although it is expected that the operators of such sites create and enforce policies to act quickly when such matters are reported, GreggHost recognizes that it is not always possible to prevent third parties from uploading such material (particularly in message forums, wikis, and other similar sites).