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 Response to TakeDown Notice on the law review excerpt by Shaytonna V. Bullock, Fee Simple Subject to Executory Interest: an Analysis of the Preemption and Revocation of Black Property Rights, 12 Southern Journal of Policy and Justice 205 (Fall 2018)

 

Additional Communications

 

 Hello Professor Randall,

 
Thank you for getting back to us.
 
Thank you for removing the picture as requested.  However, the text will need to be removed as well.  The question of whether this would fall under fair use is not something we engage in...or any battle with or between the parties in legal disputes.  We urge you to contact the complainant or its representative to resolve the matter. Their contact information can be found in the original complaint.  In situations such as this, we err on the side of caution and ask that the materials be removed as requested unless otherwise resolved with the complainant.  Should the complainant consent to the use of their text, please have them email us to let us know the case can be closed. 
 
Please also remember to complete and sign the Declaration from the original email and submit it back to us as failure to do so may result in the suspension of your account.  
 
Our office hours are from 9 AM to 9 PM, Monday through Friday, Eastern time. If you have additional questions or concerns you may respond to this message and we will address those matters. Your correspondence will be responded to in the order that it was received so please allow 1-2 business days to receive your response.
 
Warm Regards,
 

 hello Professor Randall,

 
This DMCA notice was submitted via our online form.  On our form we do address the matter of fair use.  Specifically, it states:
 
"Before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure whether material located on a site hosted at INMOTION infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
 

Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.

You are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right."

Additionally, the form requires the complainant to acknowledge the following statement by checking a box: 

"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. (Please note that you may be liable for damages if you “knowingly materially misrepresent” your copyrights – and we may seek to collect those damages. Fair use should also be taken into consideration.)"

The form requires also to swear under penalty of perjury that all information they are asserting is true and that they are the legal copyright holder or an agent thereof.

You can view that full form here:  https://www.inmotionhosting.com/dmca-notice

Beyond that though we do not involve ourselves in the determination as to whether the content does or does not fall under fair use.  Considering the complexity of determining fair use at times and the inconsistent rulings of the courts on these matters, to ensure that we are not making ourselves legally liable for something that may or may not be considered fair use we err on the side of caution and request the materials from the complaint be removed.

If you have any other questions, please let us know.

Warm Regards, 

InMotion Legal Admin Team