How to report copyright violations?

1. Purpose

The purpose of this document is to outline FlippingBook's procedures for handling copyright infringement claims, ensuring compliance with applicable laws, such as the EU Directive on Electronic Commerce (2000/31/EC) and the U.S. Digital Millennium Copyright Act (DMCA). This policy also details the process for submitting infringement notices, counter notices, and inquiries regarding legitimate content usage.

2. Scope

This document applies to:

• Copyright holders or their authorized agents submitting claims of copyright infringement.
• FlippingBook users ('Publishers') who upload content to FlippingBook services.
• FlippingBook staff responsible for processing copyright-related notices.
  
  

3. Copyright Infringement Notice Submission

3.1 Considerations Before Submitting a Claim

Before submitting a claim, copyright holders should consider that :

1. the content may have been uploaded by another department of the copyright holder themselves or by an authorized agent (e.g., marketing teams, agencies). If in doubt, you can send an inquiry about legitimate usage (refer to Section 6) before submitting a formal infringement notice. This way you can prevent your own content from being taken down inadvertently.
2. Submitting knowingly false or frivolous claims is illegal and may result in liability.

3.2 Required Information for a Notice of Claimed Infringement

If you are convinced that you want content hosted by FlippingBook taken down, then you must submit a formal notice of claimed infringement. This notice must include the following:

1. Copyright Holder Information: Name, address, telephone number, and email address.
2. Agent Information (if applicable): Name, address, telephone number, and email address.
3. Description of the Work: A description of the copyrighted work(s) (e.g., the name of the PDF, music, video, imagery).
4. Location of Infringing Material: Accurate details, including the URL and page number of the material.
5. Good Faith Statement:
   "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, his/her agent, or the law."
6. Accuracy and Authorization Statement:
   "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

3.3 Submission of Notices

Notices must be submitted using one of the following methods:

• Email: Send a PDF version of your claim, signed digitally, to copyright@flippingbook.com.
• Mail: Send a printed, signed version of your claim to
  FlippingBook Ltd.
  Attn: Copyright Agent
  Cospicua Boutique Offices
  Sqaq Cordina, BML 1900
  Cospicua, Malta

3.4 Processing of Notices

FlippingBook will review and process complete notices within 2 business days. If the notice is valid, FlippingBook will take appropriate action at our discretion, including restricting access to the material that is allegedly infringing the copyright. The notice will be forwarded to the publisher of the content, allowing them the option to submit a counter notice.

 

4. Counter Notice Submission

4.1 Notification to User

Upon receiving a notice of claimed infringement, FlippingBook will notify the publisher via email.

4.2 Requirements for Counter Notices

If the publisher believes the content was removed by mistake, they may submit a counter notice containing:

1. User Information: Name, address, and telephone number.
2. Description of Removed Material: A description of the material and its prior location (URL, flipbook, etc.).
3. Good Faith Statement:
   "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4.3 Submission of Counter Notices

Counter notices must be submitted via:

• Email: Send a PDF version of the counter notice, signed digitally, to copyright@flippingbook.com.
• Mail: Send a printed, signed version of your claim to
  FlippingBook Ltd.
  Attn: Copyright Agent
  Cospicua Boutique Offices
  Sqaq Cordina, BML 1900
  Cospicua, Malta

4.4 Processing Counter Notices

FlippingBook will forward the counter notice to the original complainant.

• If the complainant does not file a lawsuit within 10 business days, FlippingBook will restore the material.
• If the complainant does file a lawsuit within 10 business days, the material will remain removed until this process concludes.

 

5. Consequences for Offenders

FlippingBook may suspend or terminate user access to its services based on the following factors:

• Whether the user had a good faith belief that the content did not infringe any rights.
• Whether the user has uploaded infringing content in the past, including the frequency and duration of prior offenses.
• The user's response and corrective actions to prevent further violations.
• FlippingBook reserves the right to terminate accounts for a single violation if deemed severe.

 

6. Inquiry About Legitimate Usage

To prevent unnecessary content removal, specifically in cases where it looks possible that the content was uploaded by the copyright holder or on their behalf, copyright holders may first send an inquiry about legitimate usage before submitting a formal notice.

6.1 Procedure for Inquiries

The copyright holder (or their agent) sends an inquiry to copyright@flippingbook.com including:

• Description of the Work: A description of the copyrighted work(s) (e.g., PDF, music, video, imagery).
• Location of Infringing Material: Accurate details, including the URL and page number of the material.
• A statement describing that they have serious doubts if the work is used with permission and request to clarify this expediently.

FlippingBook will forward the inquiry to the publisher, requesting clarification or proof of legitimate usage.
The publisher is required to respond directly to the copyright holder and provide FlippingBook with a copy of the response.

6.2 Timeline for Responses

If no response is received within 3 business days, FlippingBook will send a follow-up request to the publisher.
If no response is received within 2 additional business days, FlippingBook will block access to the content until a response is received.
If the publisher's response makes it plausible that usage is legitimate, the content will remain accessible (or FlippingBook will unblock it if it was blocked), and the copyright holder will be notified.

6.3 Filing a Formal Notice

If the copyright holder may, at any point in time,  proceed to file a formal notice as per Section 3.