The Digital Millennium Copyright Act (“DMCA”) creates a standardized process for copyright holders, including software developers, to request Opers to remove infringing content. For more information about the DMCA, you can visit the official website of the U.S. Copyright Office. However, it is always advisable to consult with a legal professional regarding your specific questions or situation before taking any action that may affect your rights. Please note that our guides are NOT legal advice and should not be considered as such.
When submitting a notice of infringement under the DMCA, it is essential to provide accurate information and swear to the facts under penalty of perjury. Intentionally providing false information in a sworn declaration is a federal crime according to U.S. Code, Title 18, Section 1621. Additionally, submitting false information may lead to civil liability, potentially resulting in legal action and monetary damages.
Filing a DMCA notice of infringement is a serious matter that can have real consequences for individuals and organizations who have invested time and effort into creating content using Decentral Publishing. Therefore, we strongly recommend conducting a thorough investigation and seeking advice from an attorney before submitting a takedown request. It is crucial to ensure that the use of the content is genuinely infringing and not permissible under applicable laws.
Before sending a takedown notice, it is often beneficial to attempt direct communication with the user responsible for the alleged infringement. This step can help clarify any misunderstandings and potentially resolve the issue without the need for formal legal action.
No Automated Bots
It is important to have a trained professional evaluate the facts of each takedown notice before sending it. If you choose to outsource this process to a third party, make sure you understand their approach and confirm that they do not use automated bots to submit bulk notices. Notices generated by automated bots are often invalid and can result in the unnecessary removal of content.
If a user affected by your takedown notice decides to submit a counter notice, their content will be re-enabled within 14 days unless you inform us that you have initiated legal action to restrain the user from engaging in infringing activity related to the content on Decentral Publishing.
Remember, the DMCA process is designed to protect copyright holders, but it is crucial to approach it responsibly and ensure that your actions are based on accurate information and a thorough understanding of the law. If you have any further questions or concerns, we recommend consulting with a legal professional.
The Determination Sales
Sales & Marketing information exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
DMCA Takedown Notice
If someone else is using your copyrighted content in an unauthorized manner on Decentral Publishing, please send an email notification to email@example.com. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message. Please include the following information into the notice:
To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
Identification of the infringing material and information reasonably sufficient to permit Twitter to locate the material on our website or services;
Your contact information, including your address, telephone number, and an email address;
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA Counter Notice
If you believe your content on Sales & Marketing was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. Before you begin, please ensure that you can answer the requirements for DMCA counter notifications.
You may also submit a counter notice by e-mail or physical mail, as set forth above.