Legal and Risk
Analog Devices DMCA Policy
Analog Devices, Inc. (“Analog Devices”) has established this Digital Millennium Copyright Act (“DMCA”) Policy (the “Analog Devices DMCA Policy”) to respond to notices of alleged copyright infringement.
Analog Devices takes copyright matters seriously, and our goal is to be as transparent as possible about the Analog Devices DMCA Policy. In the event that we receive a Complaint regarding copyright infringement, in accordance with our “Complaint Policy”, we may either disable access to content that violates applicable copyright law and/or, in cases where there are Repeat Infringers, terminate user access to the Analog Devices associated site/platform.
If you have questions about DMCA, or, Analog Devices DMCA Policy, please review our Frequently Asked Questions for Copyright (“FAQ”), below.
Disclaimer: Analog Devices is not, by way of this Analog Devices DMCA Policy, acting as any reader’s or user’s attorneys or counsel, and the information presented here is for informational purposes only. Any individual experiencing copyright infringement should consider seeking out and consulting with an attorney. This site is not and should not be considered legal advice.
In the event that users of Analog Devices sites and platforms are determined to have infringed, on more than one occasion and in accordance with our Analog Devices DMCA Policy and Complaint Policy, third party or Analog Devices copyright rights or other intellectual property rights (“Repeated Infringer(s)”), Analog Devices may implement its “Repeat Infringer Policy.” It is the Repeat Infringer Policy of Analog Devices that, in circumstances where there is evidence of a Repeated Infringer(s) and in its sole discretion, Analog Devices shall: (a) disable the accounts of Repeated Infringer(s), and (b) terminate the accounts of Repeated Infringer(s).
What is the DMCA?
A: The Digital Millennium Copyright Act (“DMCA”) was introduced in 1998, and its purpose was in part to balance the interests at the time of: the general public, operators of internet websites, and copyright holders. Copyright holders have an interest in protecting against copyright infringement; operators of internet websites have an interest in conducting business, following applicable laws, and encouraging community harmony; and the general public has an interest in engaging with various websites hosted by operators to review, consume, and share content.
Copyright infringement claims can result in substantial statutory damages. Accordingly, operators of internet websites, before the DMCA, were exposed to substantial risk in the event that individual users—or member of the general public—posted something on the operator’s website. The DMCA addressed this risk and enacted a set of provisions copyright liability provisions that impact liability for operators of internet websites, so long as they enact DMCA policies and follow those policies, including DMCA notice and takedown rules.
What is a DMCA Notice?
A: In the event that a copyright holder, which may be an individual acting on behalf of an entity or the individual directly, has a reasonable belief that an Analog Devices site is hosting material that is infringing copyright, that copyright holder should submit a notice to Analog Devices. Our notice provisions are governed by our “Complaint Policy” and cover a takedown-notice procedure for copyright holders to request that content be removed from our sites.
How do I submit a “Notice”?
A: Please review our Complaint Policy if you believe that Analog Devices is hosting content that should be removed due to a copyright infringement issue. Please bear in mind, however, that Analog Devices acts in an administrative capacity in sharing your concerns expressed by your Complaint with the allegedly infringing user. The parties (alleged owner and alleged infringer) should evaluate the claims addressed by the Complaint, and submitters of any Complaint should exercise caution given that notices are made under penalty of perjury. You can submit a complaint here: Submit a Complaint.
In addition, Analog Devices asks that any party interested in submitting a Complaint perform appropriate diligence and investigation prior to taking action. This should include (at least): confirming that the submitting party owns the copyright in question; confirming that the content on the Analog Devices site/platform is in fact infringing; confirming that the content on the Analog Devices site/platform is unauthorized (did an authorized representative of your company already authorize such use?); considering whether the content is “fair use” as permitted under copyright law; and considering whether or not there’s a way to directly engage with the allegedly infringing party to remove the content.
How does the submission process work, and when will content be disabled and/or removed?
A: As stated above, Analog Devices follows our Complaint Policy. In the event that a Complaint is submitted, and that Complaint includes sufficient detail in accordance with our Complaint Policy, we will notify the user who has posted/uploaded the allegedly infringing content. As part of that notification, we will either: a) request that the user make changes (within approximately 2 business days), or b) in the event that the Complaint indicates that the full set of posted/uploaded content infringes, remove the post/uploaded content. Should the user receiving the notification under (a) not inform us of their intent to make changes within the 2 business days, we will remove the content. We will notify the submitter of the Complaint as to what actions have been taken. The submitter must then inform Analog Devices as to whether or not the Complaint: must be renewed (Complaint stays open); needs to be revised (new Complaint submission); or can be closed. If Analog Devices does not hear back from the submitter within one (1) week after the responsive notification of actions taken, Analog Devices will interpret that silence from the submitter that the Complaint can be closed.
What happens to Repeat Infringers?
A: Analog Devices does not tolerate proven Repeat Infringers. Please refer to our Repeat Infringer Policy.