This page contains instructions about how to request the removal of infringing content pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). Please read this entire page carefully before sending a removal request.
Most images appearing on holysmoke.org are submitted by our users who are prohibited from uploading images unless they are the lawful copyright owner. Other images may be obtained from third party sources only when doing so constitutes fair use under Section 107 of the U.S. Copyright Act; 17 U.S.C. § 107.
If you are a copyright owner and you believe the use of your images on this site is infringing, please let us know. We will promptly consider any valid take down demand as long as the demand meets all requirements of the DMCA and as long as the specific use of the image(s) is not clearly fair use. For purposes of clarity — our promise to review your notice does not constitute a promise, either express or implied, to remove any material from this site. Removal is always done at our discretion.
At a minimum, DMCA notices must include at least the following things:
(1) Your name, address, telephone number, and e-mail address;
NOTE — the DMCA requires that you provide this information. However, we understand that some people are uncomfortable giving us their address or phone. As a courtesy, we are willing to waive that requirement as long as your request otherwise complies with all other aspects of the DMCA. So, if you don’t want to provide your address or phone, that’s fine — you can simply say: “Address/Phone available upon request”.
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located NOTE: a description such as “the 3rd image on page 4” is NOT sufficient because we add new content all the time and images may shift location. Also, a description such as “that picture of me” is unacceptable because we do not know who you are. You must provide the exact URL of the post at issue. You can get the URL by clicking on the title of the post and then looking at the address bar on the top of that page. Failure to include the exact URL may result in your request being delayed or rejected.
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s OK to just type your full name at the end of your notice); and
(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please email your DMCA removal request to: [email protected].
NOTE — the DMCA does not say exactly how you should format your request. However, here are two VERY important tips:
1.) Your request should include a clickable link to the post. Requests which include a clickable link receive priority over requests which do not include a clickable link.
2.) Your request should be sent as a standard HTML email. For some reason, a lot of people send us PDFs attached to an email. This is technically permitted under the DMCA, but it is strongly discouraged, especially if the PDF was scanned and thus any URLs in it are not clickable. If you submit your request as a PDF or other attachment, processing of your request will be significantly delayed.
Please be patient. DMCA notices are usually reviewed only during normal business hours from 9-5 Monday through Friday (Tennessee time). We try to review notices the same day they are received, but it may take up to 72 hours to process your request. If we believe that your notice is valid, we will remove the image(s) identified in the notice. However, we generally DO NOT respond to notices or explain why a particular notice was not honored.
IMPORTANT — Each DMCA report is independently verified for accuracy and legitimacy. Only when we are fully satisfied with the information submitted, do we actually remove any infringing media. Please note that a removed media file may be later replaced by an alternate media file which does not violate anyone’s intellectual property.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; see 17 U.S.C. § 512(f).
FINAL IMPORTANT TIP — the email account [email protected] is only for one thing — submitting notifications of copyright infringement pursuant to the DMCA. This email address should NOT be used for any other purpose such as asking us to remove false/defamatory posts. If you send an email to [email protected] asking us to remove a report that you claim is false, your request will not be reviewed or considered.