If you believe that material available on our site, infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email. Learn more about our process HERE.
Please note that we are unable to process DMCA notices that refer to sites other than BobbyToBergy.com.
BobbyToBergy.com is a publishing platform where bloggers and commenters may use copyrighted materials in commentary or journalism, or transform the materials into something original of their own. As such, 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 the BobbyToBergy.com site 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.
Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as LumenDatabase.org. A note will also be placed on the site detailing the name of the copyright holder who submitted the takedown notice. In addition, 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.
Please follow these steps to file a notice:
Verify that the blog in question is hosted by BobbyToBergy.com. We have no relationship with WordPress.com or Automattic or any other site which may claim to be “Powered by WordPress”.
Usually, for a blog post or comment containing potentially infringing material, you may simply go to the blog post in question and leave a comment with your complaint to see if the matter can be resolved quickly. If it is not resolved, you may make a formal complaint to our designated agent via the form below.
As required by the DMCA, we have a policy to terminate users that we consider to be repeat infringers. Although we won’t share the specifics of our repeat infringer policy (we don’t want anyone to game the system, after all), we believe that it strikes the right balance of protecting the rights of copyright owners as well as protecting legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user.
Send your DMCA complaint to our designated agent via the form below
What is fair use?
(excerpt copied from WordPress.com: Fair Use)
There aren’t hard and fast rules when it comes to defining fair use. However, the Copyright Act sets out four factors for courts to consider:
The purpose and character of the use: Why and how is the material used? Using content for criticism, comment, news reporting, teaching, scholarship or research is usually fair. Additionally, using material in a transformative manner, that is to say, in a manner that adds new expression, meaning, or insight, is also more likely to be considered fair use over an exact reproduction of a work. What’s more, nonprofit use is favored over commercial use.
The nature of the copyrighted work: Is the original factual or fiction, published or unpublished? Factual and published works are less protected, so its use is more likely to be considered fair.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole: How much of the material is used? If the “heart” (the most memorable or significant portion) or the majority of a work wasn’t used, it’s more likely to be considered fair.
The effect of the use upon the potential market for, or value of, the copyrighted work: Does the use target a different market/audience? If so, it’s more likely to be fair use. It’s important to note that although criticism or parody may reduce a market, it still may be fair because of its transformative nature. In other words, if the criticism of a product influences people to stop buying the product, that doesn’t count as having an “effect on the market for the work” under copyright law.
Here are some resources to learn more about fair use: