DMCA/Copyright Policy
TABLE OF CONTENTS:
- Introduction
- “Fair use” of Third Party Materials on this Website
- Government works on this website
- Policy for quoting and reusing our Copyrighted and Licensed Materials
- Designated Agent
- Complaint Notice Procedures for Copyright Owners
- Notice and Takedown Procedure
- Repeat Infringers
- Information for Copy Centers and Notaries
- Reuse of materials generated in our forums and in email
- Third Parties Authorized to Offer Our Content
- Standard DMCA/Copyright Violation and Takedown Notice
- 25% Discount to all Member Subscribers Who Provide Evidence that a Competitor is Violating our Copyright
- Penalty for sharing Bookstore or Member Subscription Content with Third Parties
1. Introduction
This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of Family Legacy Training and Management Systems (FLTMS) (the “Ministry”) to respect the legitimate rights of copyright owners and their agents and representatives. Users of any part of the ministry computing system are required to respect the legal protections provided by applicable copyright law.
We emphasize at the beginning of this article that:
- NOTHING on this website is intended to be “public domain” in any sense of that word.
- Any enforceable determination that the content available through this website is public domain must be accompanied by the EXPRESS WRITTEN CONSENT of the ministry.
- The fact that the information is available from this website without payment of a specific amount of currency is NOT to be construed as “public domain”.
- Legal strings attach to every item on this site and are described in our Disclaimer and our Member Agreement. Those strings imply a “cost” and a transfer of property in connection with the downloading and use of the materials available through this website, even if the cost is not specifically economic or in currency.
- The existence of a copyright notice in the lower left corner of all materials we created on this site is legal evidence that the work is NOT “public domain” and that we do not consent to make it public domain.
- In order to BE public domain, the following criteria must be met:
6.1 The author must INTEND to donate the work to the public domain, which we do not.
6.2 If the author does NOT intend to donate the work, then it must fall outside of the copyright window currently set at 75 years. None of our works fit in this category.
Any attempt by any third party or platform to classify information available through this website as “public domain” is therefore declared to be a misrepresentation and a THEFT of intellectual property.
Lastly, for the definition of “public domain”, we rely on the following definition: Wikipedia: “Public Domain”
2. “Fair use” of Third Party Materials on this Website
Pursuant to 17 U.S.C. §107, the information and materials provided through this website which do not bear a copyright notice associated with this ministry constitute a “fair use” of the materials provided. They are distributed exclusively with the intent of:
- Constructive criticism of false, harmful, unwise, immoral, or illegal (under either God’s law or man’s law) information, activity, or advocacy. No doubt, the speakers would be unlikely to give their permission to use such information for such a purpose. When we do this, we will attack the idea or the legality, wisdom, morality, or accuracy of the idea rather than the speaker. When we attack the harmful or false idea, we will rely on legally admissible evidence rather than belief, opinion, or emotion. We will never try to shoot or slander the messenger because that is what we expect and demand of others who want to do the same thing to our materials. That’s the Golden Rule: Treat others as you would want to be treated. The purpose of this type of “fair use” is PUBLIC PROTECTION, which is an important aspect of freedom of speech and freedom of the press protected by the First Amendment.
- Teaching and education. An important purpose of this site is education and the personal empowerment that it brings. Hence, “Family Legacy Training and Management Systems”. The biggest enemy we fight is ignorance on this site because of the corruption that it facilitates and protects.
- Religious worship in accordance with the laws of God.
- Legal research of God’s law or man’s law.
- Law enforcement of either God’s law or man’s law.
- Use as evidence in rights litigation against the de facto government.
- Religious, public, or political discussion.
- Scholarship.
- News.
- Reporting.
Materials are NOT provided for or intended for any commercial purpose whatsoever and therefore do not constitute a “commercial use” of third party materials without the express consent of the owner. Some of our Youtube videos may contain advertisements, but rest assured that we DID NOT authorize them and they appear ONLY because either: 1. A third party with matching content HIJACKED our video for their own benefit; OR 2. Youtube monetized our videos that don’t match others to force people into their subscription program to avoid the incessant commercials. In cases where matching content HIJACKED our video, we eventually remove such content to ensure that our videos do not even “appear” commercial.
For further information on “commercial speech”, see:
Commercial Speech, Form #05.015 (OFFSITE LINK)
Any attempt to obstruct or interfere with this ministry, its activities, or the dissemination of information on this website, its Youtube channel, and any third party site our materials are posted on is hereby stipulated by ALL READERS, MEMBERS, and USERS of this website as a CONDITION OF USE as an attempt to:
- Criminally obstruct justice due to the members who are the subject of it or the public at large.
- Promote or protect harmful, illegal, immoral, or unwise activities.
- Promote or protect deceiving the public with knowingly false information.
- Work a purpose OPPOSITE to that of the purpose of establishing government itself, which is protecting the PRIVATE rights and PRIVATE property (Form #12.025) of those who CONSENT to be CIVILLY protected while LEAVING ALONE those who do NOT consent.
3. Government works posted on this website
Several government works are posted on this website. Pursuant to 17 U.S.C. §105, these works are NOT protected by the copyright act and may be freely downloaded and shared. Such works include, but are not necessarily limited to:
- The Declaration of Independence.
- The Constitution.
- Statutes.
- Regulations.
- Federal Register.
- Court rulings.
- Court transcripts.
- U.S. Attorney Bulletins.
- IRS Internal Revenue Manual (I.R.M.).
- Government agency forms and publications.
- International treaties.
- Website contents of federal agencies.
- Congressional Research Service (CRS) reports.
Any pages or documents available through this site which indicate “Copyright” on them or on the bottom of the page containing any of the above works should be deemed to expressly EXCLUDE only the PORTION of the page containing the above works indented on the page in quotes and expressly INCLUDE only works originating from us NOT in indented quote. This is the SAME approach that every major legal publishing company uses, and we imitate it here, for those who now nothing about how legal publishing and copyrights work.
4. Policy for Quoting and Reusing Our Copyrighted and Licensed Materials
All of the information and materials posted on this website are protected by the following copyright and license agreements:
In order to quote or reuse our materials you must:
- Consent unconditionally and perpetually to our Member Agreement.
https://fltms.famguardian.org/participate/member-agreement/ - Be a member in good standing.
- Not redact any page or any portion of any document you are providing, quoting, reusing. This ESPECIALLY applies to legal proceedings in which our materials are used as evidence and in which any Member or Ministry Officer or the ministry itself is involved.
- Give a reference to the following in your publication:
5.1 The author.
5.2 Website link.
5.3 The form number, version number or date, page number, and line number where the information appears on our website. - If you are criticizing an error in our publications as part of your publication, you must notify us of the error and provide legally admissible evidence proving it is an error at least two months prior to publication by posting to our:
Contact Page
https://fltms.famguardian.org/sample-page/contact-us/
And give us at least two weeks to fix the error PRIOR to publication. If we fix it, you may not publish the older information but must use the LATEST information in your publication.
Why do we insist that those who quote or reuse our materials must be members? Because use by non-members is likely to be biased and prejudiced and without evidentiary basis, which will inevitably lead primarily to unwarranted criticism by those with a financial motive who want to enrich themselves by slandering others. Members, on the other hand, may not have a commercial motivation for obtaining or using our materials, and hence, their use cannot be enjoinable, subject to rebuke, or regulated in any way by any government. This will preserve the credibility and honor of both us and them in learning and enforcing the law.
5. Designated Agent
The Ministry’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Family Legacy Training and Management Systems (FLTMS)
Ashland, Oregon
Click here to send an email to the Copyright Agent.
(This email address is only for copyright infringement claims. You will not receive a reply if the matter is not a copyright issue.)
Upon receipt of proper notification of claimed infringement, Ministry will follow the procedures outlined in this policy and in the DMCA.
6. Complaint Notice Procedures for Copyright Owners
The following elements must be included in your copyright infringement claim:
- An electronic or physical signature of the owner (or a person authorized to act on behalf of the owner) of an exclusive copyright-related right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if a single notice objects to several copyrighted works at a single online site, a representative list of the infringed works at that site. A “representative list” should identify every work if there are less than ten such works and at least half of the works if there are ten or more such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Ministry to locate the material. This should include the exact URL and the date on which the infringement was noted.
- Information reasonably sufficient to permit the Ministry to contact the complaining party. If at all possible, this should include an electronic mail address, and should include a mailing address, telephone number, and fax number.
- A statement that the complaining party has a good faith belief that the allegedly infringing use of the material at issue 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
7. Notice and Takedown Procedure
All users of any part of the Ministry website must comply with all applicable copyright laws. However, if the Ministry receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. The Ministry will comply with the appropriate provisions of the DMCA upon receiving any counter notification.
Please allow at least three business days to process any complaint or counter-notification. The Ministry will process these items as rapidly as possible, but cannot predict the number of active items it may have at any given time.
8. Repeat Infringers
Infringement of the copyrights of others violates the Terms of Service for all of the Ministry’s computing systems and networks. Under appropriate circumstances, Ministry may restrict or terminate the access of its system or network users who are repeat infringers. The Ministry will cooperate with copyright holders if it believes that any repeat infringer’s activity is both (a) persistent and (b) willful and/or for purposes of financial gain, and such cooperation may include, among other things, the release of otherwise private user information after appropriate notification and (if necessary) due process of law.
This DMCA policy is effective as of August 28, 2011
9. Information for Copy Centers and Notaries
This section is intended for copy centers and notaries who may be receiving or notarizing copyrighted materials from this site that are intended to be either mailed to third parties or notarized. Here are the constraints:
- Some of the materials on this website are specifically designed and intended to be used in communication by Members with third parties, and especially parties in the government and legal profession.
- Materials on this site are authorized for reproduction only by those who indicate that they are consenting Members of Family Legacy Training and Management Systems (FLTMS) and who are compliant with our Member Agreement.
- To determine whether a person is authorized to copy the materials in question, please follow the following procedure:
3.1 Ask them whether they are a Member and that they produce a a signed and dated copy of the Member Agreement available from the following link:
https://fltms.famguardian.org/participate/member-agreement/
3.2 Ask them whether they are selling or reselling the materials they are reproducing. - If the answer to questions 3.1 above is YES and the answer to 3.3 is NO, then they are free to reproduce, notarize, and mail any of the materials from this site.
10. Reuse of materials generated in our forums and in email
Those who use our Member Forums, Contact Us Page, or Email address to correspond with or respond to us or other members implicitly give us constructive permission to reuse all such materials with ALL personally identifying information removed to protect the privacy of those involved. That is the main purpose for having such vehicles to begin with. This is the only way we can continually improve our materials. Your privacy is important to us.
11. Third Party Copyrighted Materials Posted on our Site that have Expired Copyrights Outside the 75 Year Copyright Window
This site does contain third party copyrighted materials with expired copyrights outside the 75 year copyright window. By virtue of the expired copyright, these materials are officially “public domain” in legal status. Such materials are found in the following on our site, keeping in mind that NOT ALL the items listed therein fall in this category:
All the above materials, including those with expired copyrights:
- Are only accessible to those with an account who are logged in and therefore are subject to our Member Agreement and our Terms and Conditions. These agreements indicate that you may not share the contents with any third party REGARDLESS of their copyright status.
- Are derived in the majority of cases from Google Books (http://books.google.com) items that are FREE.
- If they derive from Google books or other sources, have additional value added to make them more useful. For instance, when we download and post a Google Book, we do OCR on the book to make is searchable and copyable through the clipboard, and also add the Table of Content to the PDF Bookmarks on the left. This is very time consuming and costly for us to do. This is why we protect these materials, to preserve the value we add.
- Are NEVER sold individually through our Bookstore. That would be morally wrong although not strictly illegal.
- If anyone receives these materials from a member who downloaded them from our site, then the above agreements STILL protect them. If that third party then posts them on their site, even for free, they are participating in a THEFT under the above agreements and aiding thieves and liars who don’t keep their word by violating the agreements protecting the materials.
Third parties, and especially non-members, are encouraged to go out and download Google books on their own and add the great value we add to these books the same way as we have. BUT, they should NEVER just steal our upgraded books and offer them for free. That would be immoral and illegal because they would be benefitting from people who stole or misused our materials and violated our agreements in the process.
Lastly, the TOTAL number of Third Party Copyrighted materials with expired copyrights available on this site only constitute about 10% of the total content either posted or available through this website. So its not a huge plagiarism problem by any means, nor is it some kind of big scam as some competitors have suggested who tried to repost our materials in violation of the agreements protecting them. The Ten Commandments (Exodus 20) make THEFT illegal under God’s law. And Exodus 22:7 and 22:9 both mandate when a thief (or his Third Party accomplice) is found, the thief shall pay DOUBLE what they stole.
Don’t steal people’s stuff and then whine about getting caught after receiving the notice in the next section, as some of our competitors have in the past done. The reason we need a big nanny de facto government is because people won’t act honorably and responsibly by leaving other people’s stuff alone and not trying to benefit themselves or their clients with it, whether by offering it for free or selling it. NOWHERE does the bible claim that Christians should avoid hurting the feelings of thieves who are caught red-handed. Get a life if you think you can convince a common law jury that you are materially injured by being caught in the act of stealing and being called a thief.
12. Standard DMCA/Copyright Violation and Takedown Notice
The following standard notice is what we send out in the event our materials are shared, sold, or posted by third parties
Dear sir,
Copyrighted materials off our website have been located on your site. The offending materials are:
[list of links]
Any and all others with copyright notices originating from our domain at sedm.org
The source of the materials on our site is:
http://fltms.famguardian.org/You are hereby given formal legal demand to immediately:
1. Remove ALL copyrighted materials from our site that are posted on your site, including the above
2. Notify us promptly that you have done so via email.
3. Not repost our copyrighted materials on your site in the future either on a public page or a protected member page that is access controlled.
4. Not SELL or put behind a paywall any of our materials
5. Notify us of where you obtained the offending items.
6. Notify us who specifically within your organization downloaded the items you shared or sold as a member with access to protected member content, so the member agreement may be enforced against them.We have a good faith belief that the material is not authorized by the copyright owner, which is us, to be posting our materials on your site.
The DMCA Copyright notice for the materials on our site is:
https://sedm.org/footer/digital-millenium-copyright-act-dmca-policy/The above article, in section 18 promises a bounty to all members of your site who are also users of our site if they identify anything from our site in the protected areas on your site. You therefore won’t be able to hide the fact that you have our materials behind a paywall that we can’t view.
We certify under penalty of perjury that we are the copyright owners with exclusive rights to the infringed materials.
We further declare under penalty of perjury that the information contained in this correspondence is true.
If you do not comply, any one or more of the following consequences may ensue:
1. Your domain name could be terminated involuntarily.
2. You may become the target of copyright enforcement litigation filed against you.
3. You may have to pay substantial financial damages for the injury you are causing to our ministry.
4. If you derived these materials from our site as a member or buyer, you may have access to our site PERMANENTLY BLOCKED.
5. If you obtained the materials as a consenting member, the copyright license provisions described above and the terms of the Member Agreement will also become part of the litigation enforcement against you in court.
Https://sedm.org/participate/member-agreement/
6. We may decide to remove ALL links to your site and/or business currently contained on the multiple sites we host.If you refuse to comply and want to know why we need a big nanny government that steals from people, then look in the mirror.
We don’t object to you linking to our materials, but please don’t post them on your website because it violates the DMCA page listed above.
Thank you for your contribution to the truth and freedom throughout the world. We share your passion.
Lastly, please inform us promptly of your efforts and intentions to comply with the law on this matter.
Sincerely,
Administrator
Family Legacy Training and Management Systems (FLTMS)
http://fltms.famguardian.org
13. 25% Discount to all Member Subscribers Who Provide Evidence that a Competitor is Violating our Copyright
Thanks to the dishonorable behavior by others in stealing our materials and offering them for sale behind a pay wall and then whining and retaliating after getting caught red handed, we have now put a bounty on the head of all such people:
- We are now offering a discount of 25% on all new or renewal Member Subscriptions to any member who is a member of any other paid site that is plagiarizing and posting materials available through this site inside their protected member area.
- To claim the benefit, you have to submit legal evidence consisting of a list of ALL offending materials inside the Subscription area of one of our competitors.
- We will protect the identity of anyone who does this, so they don’t become the target of retaliation.
- To claim the benefit or refund, submit your evidence through our Contact Us page (About->Contact Us menu) along with your contact information so that we may view the Member Area of the competitor site and be shown the evidence for ourselves.
- We will also use our access to all the offending websites to notify EVERYONE ELSE whose copyrights are also being violated to get offenders in trouble with EVERYONE ELSE whose materials are also having their copyrights violated. That’s an important way that we fulfill the commandment to love our neighbor as ourself.
- This information has been added to the description of our Member Subscription in our Bookstore.
OPEN SEASON ON COPYRIGHT VIOLATORS!
14. Penalty for sharing Bookstore or Member Subscription Content with Third Parties
We reserve the right to PERMANENTLY TERMINATE access to the site for anyone caught sharing Member Bookstore or Member Subscription content with third parties.