We respect copyright and expect everyone who uses RailCompliant to do the
same. This page explains how to tell us that something on RailCompliant infringes your
copyright, and what someone whose content was removed can do about it. It follows the Digital
Millennium Copyright Act, 17 U.S.C. § 512.
1. Before you send a notice
- Tell the truth. A notice is made under penalty of perjury. Under § 512(f), anyone
who knowingly and materially misrepresents that material is infringing can be liable for the
damages, costs, and attorneys' fees that result.
- Check that the use isn't allowed. Make sure the material isn't licensed, permitted by
you, or a fair use.
- Copyright only. This process is for copyright. For anything else that breaks our rules,
such as harassment or someone's personal information, see
how to report it.
2. Our designated agent
Send notices and counter notices to our designated agent: Copyright Agent, Foxx Cyber LLC,
[email protected].
3. What a notice must include
To be effective, a notice must be in writing and include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if one notice
covers several works on our site, a representative list of them.
- Identification of the material claimed to be infringing that should be removed or disabled,
with information reasonably sufficient for us to find it. A link to the page, comment, or
photo is best.
- Information reasonably sufficient for us to contact you, such as your address, telephone
number, and email address.
- A statement that you 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.
- A statement that the information in the notice is accurate, and, under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
If a notice is missing something, we will contact you to ask for it.
4. What happens next
When we receive a notice that meets these requirements, we act expeditiously to remove or
disable access to the material. We then promptly tell the person who posted it, and we may share
the notice, including the contact details in it, with them.
5. Counter notices
If your material was removed and you believe that was a mistake or a misidentification, you
may send our designated agent a counter notice. It must be in writing and include substantially
the following:
- Your physical or electronic signature.
- Identification of the material that was removed or disabled, and where it appeared before
it was removed or disabled.
- A statement under penalty of perjury that you have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification of the material.
- Your name, address, and telephone number, and a statement that you consent to the
jurisdiction of the Federal District Court for the judicial district in which your address is
located or, if your address is outside the United States, for any judicial district in which
Foxx Cyber LLC may be found, and that you will accept service of process from the person
who sent the original notice or that person's agent.
When we receive a valid counter notice, we promptly send a copy to the person who sent the
original notice and tell them that we will put the material back in 10 business days. We put it
back, or stop disabling access to it, no less than 10 and no more than 14 business days after we
receive the counter notice, unless our designated agent first receives notice that the person
who sent the original notice has filed an action seeking a court order to restrain you from the
infringing activity relating to the material on RailCompliant.
A counter notice is also made under penalty of perjury, and § 512(f) applies to it too.
You may want to talk to a lawyer before you send one.
6. Repeat infringers
We terminate, in appropriate circumstances, the accounts of people and organizations who are
repeat infringers.
Adapted in part from
GitHub's DMCA Takedown Policy (CC0), and
checked against 17 U.S.C. § 512(c)(3) and (g).
