Copyright Takedown Request

Phobits takes copyright infringement seriously. Phobits provides copyright takedown request for copyright holders to request removal of their copyrighted content that is being used without their permission.

The Online Copyright Infringement Liability Limitation Act (OSCILLA) (17 U.S.C. § 512) was passed into law in 1998 as part of the Digital Millennium Copyright Act (DCMA). OSCILLA provides that Internet online service providers (OSP), such as Phobits, must provide the ability for copyright holders to notify Phobits that content they own is hosted on Phobits and needs to be removed.

Phobits respects your rights, and we will protect your copyrighted property to the extent of our legal limits. If you believe that content on the Phobits website violates your copyrights, please fill out the form below, or email or postal mail your takedown request using the instructions provided below. This is known as a copyright takedown request.

Who can file a copyright takedown request

You do not need a Phobits account to make a copyright takedown request. You only need to be the owner, or legal representative of the owner, of copyrighted material that is present on Phobits. Please remember that we must provide the Phobits account holder the information that you provide including your name, contact information, and the description of your request.

Reasons we do not remove content

There are legitimate reason we may not take down the content you request to have removed. The following describes those reasons.

We must be able to find the content

Our copyright policy helps us to ensure that we take action on verifiable copyright infringement claims. Claims that do not provide sufficient information to find claimed copyright infringement will not result in removal of the content. If we can’t find it, we can’t remove it.

The content must be violating your copyright

We will remove content simply because someone doesn’t like it. It must violate your copyrights. We will not remove content because you think it violates the rights of someone other than yourself. You must either be the copyright holder or a legal representative of the copyright holder.

What happens after I make my request?

After you make you copyright takedown request, Phobits will remove the materiel from our website. The Phobits account owner is allowed under law to dispute your request. If the account owner disputes your request, you may be required to take further legal action to prevent their use of your material. If you fail to take court action, usually meaning filing a lawsuit, Phobits must return the material to the account holder for their continued use. This is known as a copyright putback. Phobits does not adjudicate, or referee, disputes between parties. That is a matter for a court of law to handle and Phobits is prohibited from acting as a court.

False reporting punishable under law

Submitting intentionally false reports of copyright infringement is punishable under federal law. Falsely reporting copyright infringement is a serious matter and can result in prison sentences, monetary fines, and civil action for willfully making a false report. Copyright owners also have the right to defend against false copyright infringement accusations and have their material protected by Phobits, and we will protect copyright owners. Phobits may also collect monetary damages from the person who files a fraudulent takedown request.

If the copyright is not yours to claim, please don’t claim it as that would be illegal. Only the copyright owner or their legal representative can ask us to remove content. If you know the owner, then contact them and have the owner make a claim with us. We are happy to help, but please don’t make a false claim by claiming to be the owner as that could get you into legal trouble.

Incomplete Requests Rejected

All incomplete requests are rejected by Phobits. Requests without a signature or a good faith statement, or any required information, and will be rejected. Please be sure that any copyright takedown requests that you make is with all the required information including a complete description of the material claimed as copyrighted. A direct link, or URL, to the material is the best description, but please also briefly describe what you expect us to find at that link.

Phobits is not your legal counsel

If you are not sure if the content on Phobits violates your rights, or if you do not understand your rights, please seek professional legal counsel. Phobits cannot provide legal advice to anyone. Phobits will help you understand our policies and procedures, but all requests for legal advice, or questions that are legal in nature, cannot not be answered by Phobits. We are not your legal counsel or attorneys for any party to a copyright dispute.

Reporting Copyright Violations to Phobits

You may make copyright takedown requests to Phobits using one of the methods described in the Request Methods section below. Please read the required information in the next section and be sure to include the required information when making your request.

You must provide at least the following information when making a copyright takedown request. It is always best to provide as much information as possible for Phobits to find the offending content. If you fail to provide the following information, or if the information provided is inaccurate, Phobits may not be able to adequately comply with your request and your copyrighted material may not receive the proper protection. It is your responsibility to ensure that the content can be identified. Vague content descriptions will not result in your satisfaction.

1. The copyright owner's legal name. If you are a legal representative of the owner, you must provide the owner's name and your own name and your organization's name, if any.
2. Your contact information including a phone number or email address, or both, and a mailing address.
3. A description of the material you claim has been violated.
4. The location of the material on Phobits; the URL of the content is best, but at a minimum the account name and content name.
5. A declaration that:
• The information provided is accurate.
• That you believe in good faith that the use of the material is not authorized by you, the owner or legal representative.
• That under penalty of perjury you are the owner, or the legal representative, of the material.
• Your signature if using postal mail, or an electronic signature if using email.

You may submit your copyright takedown request using one of the following three methods.

• Email
• Postal Mail

Note: Phobits only addresses copyright issues arising from United States representatives. If the copyright holder is a foreign person or entity, the request must provide contact information that is in the United States.

Email or Postal Mail Options

Instead of using the online form, you may use the following email or postal mail instructions to provide Phobits your copyright takedown request.

You may request a copyright takedown to Phobits by sending the required information to the following email address.

You may request a copyright takedown to Phobits by sending the required information using the mailing address below. You may use tracking and/or signature required if you wish as Phobits will gladly sign for postal mail.

Phobits
Attn: Copyright Takedown
P.O. Box 37142
Panama City, FL 32412

Note that FedEx and UPS will not deliver to the postal address above as it is a postal mail box.