Copyright & IP Policy — FishingGuider.org — DMCA, Fair Use, Video Embedding

1. Our Copyright

The original editorial content of fishingguider.org/ — guide entries, technique write-ups, comparison tables, step-by-step guides, the six-tier source hierarchy, and our verification methodology — is protected by copyright under U.S. copyright law (17 U.S.C. §101 et seq.). All rights reserved, subject to fair use and the permitted-use clause of our Terms of Use. We do not claim copyright in facts — a season date or a bag limit is not copyrightable — or in any embedded video, which belongs to its uploader.

2. Fair Use Under 17 U.S.C. §107

Fair use of our content is permitted under the four-factor test in 17 U.S.C. §107:

When relying on fair use, attribute fishingguider.org/ and link to the source page where practicable.

3. Federal-Government Works — Public Domain Under §105

Under 17 U.S.C. §105, works of the U.S. federal government are not protected by copyright. This includes NOAA Fisheries publications, U.S. Fish & Wildlife Service materials, U.S. Coast Guard guidance, Federal Trade Commission (FTC) publications, federal regulations, federal statutes (the U.S. Code), and federal court opinions. We summarize and link to such material freely, with attribution to the originating agency.

4. YouTube Video-Embedding Policy

• Official channels only. We embed only from the verified channel of a state agency, recognized organization, or established creator.
• Embedding must be permitted. If an uploader has disabled embedding, we do not embed — we link out instead.
• No re-hosting. We never download, mirror, re-upload, or monetize anyone’s video; the video streams from YouTube and any YouTube ads are YouTube’s.
• Attribution. We identify the channel/source and add VideoObject structured data describing the embedded video.
• Owner removal. If you own a video and want the embed removed, email us and we will remove it promptly — faster than a formal DMCA notice.

5. Trade Marks and Nominative Fair Use

The site refers to names belonging to agencies and organizations, including (without limitation) NOAA Fisheries, the U.S. Fish & Wildlife Service, the U.S. Coast Guard, state fish-and-wildlife agencies, and angling organizations. These names are used nominatively — to identify the body our content references — under Lanham Act §33(b)(4) (15 U.S.C. §1115(b)(4)) and the nominative-fair-use doctrine recognized by:

• New Kids on the Block v. News America Publishing (9th Cir. 1992) — three-factor test for nominative fair use
• Toyota Motor Sales v. Tabari (9th Cir. 2010) — nominative use in domain-name context
• International Information Systems Security Certification Consortium v. Security University (2d Cir. 2016) — Second Circuit three-factor test

We do not use any agency or organization name in a way that suggests endorsement, sponsorship, or affiliation.

6. Identifying Real People — Defamation Framework

Where the site identifies real people — for example, named guides or officials in their professional capacity — we work to factual accuracy and the standards of state common-law defamation and:

• New York Times Co. v. Sullivan (1964) — “actual malice” standard for public officials
• Gertz v. Robert Welch, Inc. (1974) — public-figure / private-figure framework
• State anti-SLAPP statutes where applicable to good-faith public-interest reporting

If you are identified on the site and believe a statement is defamatory, email us with the page URL, the specific statement, and your basis. We review with editorial counsel.

7. Section 230 of the Communications Decency Act

For any third-party content on the site — user-submitted corrections, comments, or suggestions — we rely on the immunity provided by Section 230(c)(1) of the Communications Decency Act (47 U.S.C. §230), which states that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Section 230 does not immunize us from federal criminal liability or intellectual-property claims (handled separately under the DMCA).

8. DMCA Section 512 Takedown Procedure

To submit a takedown notice for content you believe infringes your copyright, email info@fishingguider.org with the subject “DMCA notice”. Your notice must include all six elements required by 17 U.S.C. §512(c)(3):

1. Signature (physical or electronic) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed (or a representative list, if multiple works on the same site).
3. Identification of the material claimed to be infringing — the specific URL on fishingguider.org/ — with information reasonably sufficient for us to locate it.
4. Contact information for the complaining party: name, address, telephone number, and email.
5. Good-faith statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. Accuracy statement: a statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the copyright owner.

We acknowledge receipt within 5 business days and, where the notice is well-founded, act expeditiously to remove or disable access under DMCA §512. For an embedded video you own, an email request is faster than a DMCA notice (see Section 4).

9. Counter-Notice Procedure

If we remove material that you believe was lawfully posted, you may submit a counter-notice under 17 U.S.C. §512(g)(3) by email to info@fishingguider.org with the subject “DMCA counter-notice”, including:

• Signature (physical or electronic)
• Identification of the material that was removed and its prior URL
• Statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification
• Your name, address, and telephone number
• Consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, for non-U.S. residents, any judicial district in which we may be found), and consent to accept service from the original notice-giver

On a valid counter-notice, we may restore the material 10–14 business days after we forward the counter-notice to the original notice-giver, unless that party files an action seeking a court order against the alleged infringer.

10. Repeat Infringer Policy

Consistent with 17 U.S.C. §512(i)(1)(A), we have adopted and reasonably implement a policy of terminating, in appropriate circumstances, the participation rights of any user who is a repeat infringer — the subject of multiple, well-founded DMCA notices. We retain a record of valid notices for three years.

11. What We Cannot Do Via This Procedure

• We cannot remove a video from YouTube — only from our embed
• We cannot change a state agency’s or NOAA’s published regulations
• We cannot alter agency publications
• We cannot suppress search-engine results — that is between you and the search engine

12. Contact

For any copyright, trade-mark, video-embed, defamation, or hosting-liability question, email info@fishingguider.org with a clear subject line.