DMCA Policy Template

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY

Effective Date: Date

Company Name: Company Name

Website: Website URL

OVERVIEW

Company Name ("Company," "we," "us," or "our") respects the intellectual property rights of others and expects users of our website and services to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we have adopted this policy to address copyright infringement claims and to provide a process for copyright owners to submit takedown notices.

1. DMCA COMPLIANCE

This DMCA Policy complies with Title 17, United States Code, Section 512(c)(3) and sets forth the process for submitting notices of alleged copyright infringement to our designated Copyright Agent.

2. COPYRIGHT INFRINGEMENT NOTIFICATION

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our website or through our services, please notify our Copyright Agent as specified below.

### Requirements for DMCA Takedown Notice

Your notice must include ALL of the following information, as required by the DMCA:

1. Identification of the Copyrighted Work:

• A description of the copyrighted work that you claim has been infringed
• If multiple copyrighted works, a representative list of such works
• Provide specific details including title, author, registration number (if applicable), and date of first publication

2. Identification of Infringing Material:

• A description of the material you claim is infringing and that you request be removed or access disabled
• Sufficient information to permit us to locate the material, including:

- Specific URL(s) where the material appears - Username of account posting the material (if applicable) - Title or description of content - Date and time of posting (if known)

3. Your Contact Information:

• Your full legal name (individual or company)
• Mailing address
• Telephone number
• Email address

4. Statement of Good Faith Belief:

A statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by:

• The copyright owner
• The copyright owner's agent
• The law

5. Statement of Accuracy:

A statement that the information in the notification is accurate, and under penalty of perjury, that you are:

• The copyright owner, OR
• Authorized to act on behalf of the copyright owner

6. Physical or Electronic Signature:

• Physical signature of the copyright owner or person authorized to act on their behalf
• Electronic signature (typed full name) is acceptable for electronic submissions

### Sample DMCA Notice Format

``` To: Copyright Agent Name Company Name Address Email: DMCA Email

RE: DMCA Takedown Notice

I, Your Name, am the copyright owner/authorized representative of the following copyrighted work(s):

1. Title of Work: Title Description: Description Copyright Registration Number: If applicable Date of First Publication: Date

The following material located on your website infringes my copyright:

URL 1: Specific URL Description: What appears at this URL

URL 2: Specific URL Description: What appears at this URL

My contact information:

Name: Full Name

Address: Street, City, State, ZIP Phone: Phone Number Email: Email Address

I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

I declare, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner.

Signature: Physical or Electronic Signature

Date: Date

```

3. DESIGNATED COPYRIGHT AGENT

All DMCA notices should be sent to our designated Copyright Agent:

Copyright Agent: Agent Name/Title

Company: Company Name

Address: Mailing Address

City, State, ZIP Code

Email: DMCA Email Address

Phone: Phone Number

Fax: Fax Number, if applicable

Note: The Copyright Agent is designated solely for receiving notifications of claimed infringement. Other inquiries (support, billing, general questions) sent to the Copyright Agent may not receive a response.

4. RESPONSE TO DMCA NOTICES

### Review Process Upon receipt of a valid DMCA notice, we will:

1. Acknowledge Receipt: Confirm receipt within Number business days 2. Review Notice: Verify that notice contains all required elements 3. Take Action: If valid, we will: - Remove or disable access to the allegedly infringing material promptly - Notify the user who posted the material - Document the takedown action 4. Follow-Up: Respond to submitter confirming action taken

### Timeline

• Valid notices processed within Number business days
• Expedited review available for emergent situations
• Invalid notices returned with explanation of deficiencies

### Notification to User When content is removed based on a DMCA notice, we will notify the user who posted the material and provide:

• Copy of the DMCA notice
• Explanation of removal
• Information about counter-notification process

5. COUNTER-NOTIFICATION PROCEDURE

If you believe that material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Copyright Agent.

### Requirements for Counter-Notification

Your counter-notification must include ALL of the following:

1. Identification of Material:

• Description of material that was removed or disabled
• Location where material appeared before removal (URL or description)

2. Your Contact Information:

• Your full legal name
• Address
• Telephone number
• Email address

3. Statement of Good Faith:

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

4. Consent to Jurisdiction:

A statement that you consent to the jurisdiction of:

• Federal District Court for the judicial district in which your address is located (if in the United States), OR
• Federal District Court for the district in which the Company is located (if your address is outside the United States)

5. Acceptance of Service:

A statement that you will accept service of process from:

• The person who submitted the original DMCA notice, OR
• That person's authorized agent

6. Physical or Electronic Signature:

Your physical or electronic signature

### Sample Counter-Notification Format

``` To: Copyright Agent Name Company Name Address Email: DMCA Email

RE: DMCA Counter-Notification

I, Your Name, am submitting this counter-notification regarding material removed from URL or description.

The following material was removed or disabled: Description: Description of material Original Location: URL where it appeared

My contact information:

Name: Full Name

Address: Street, City, State, ZIP Phone: Phone Number Email: Email Address

I declare, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.

I consent to the jurisdiction of the Federal District Court for judicial district, and I will accept service of process from name of person who submitted original DMCA notice or their authorized agent.

Signature: Physical or Electronic Signature

Date: Date

```

6. RESPONSE TO COUNTER-NOTIFICATIONS

### Review Process Upon receipt of a valid counter-notification:

1. Acknowledge: Confirm receipt within Number business days 2. Forward: Send copy to original complainant within Number business days 3. Notify: Inform original complainant that we will restore content in 10-14 business days 4. Restore: Replace or restore access to material in 10-14 business days unless: - Original complainant files court action seeking restraining order - We receive notice of legal action

### Timeline

• Content restored 10-14 business days after receiving valid counter-notification
• Extended if legal action initiated
• User notified of restoration timing

7. REPEAT INFRINGER POLICY

### Three-Strike Policy We maintain a repeat infringer policy in accordance with the DMCA:

First Offense:

• Content removed
• Warning issued
• Account in good standing

Second Offense:

• Content removed
• Temporary account suspension (Number days)
• Final warning issued

Third Offense:

• Content removed
• Permanent account termination
• All content deleted
• Ban from creating new accounts

### Determination

• Repeat infringer: User with multiple valid DMCA takedowns
• Timeframe: Within Number months/years
• Appeals: Available through Process

### Account Termination We reserve the right to terminate accounts of users who:

• Have three or more valid copyright infringement notices
• Repeatedly post infringing content
• Ignore warnings
• Circumvent restrictions

Terminated users may not create new accounts or access services.

8. MISREPRESENTATION

### False Claims Under Section 512(f) of the DMCA, anyone who knowingly materially misrepresents that:

• Material is infringing, OR
• Material was removed or disabled by mistake or misidentification

May be liable for damages, including costs and attorneys' fees.

### Penalties False DMCA claims may result in:

• Legal liability for damages
• Perjury charges (criminal penalties)
• Account termination
• Permanent ban from services
• Legal action by affected parties

### Good Faith Requirement Before submitting a DMCA notice or counter-notification:

• Carefully consider whether material actually infringes
• Consult legal counsel if uncertain
• Ensure all statements are accurate and truthful
• Understand potential legal consequences

9. LIMITATIONS AND DISCLAIMERS

### No Legal Advice This policy does not constitute legal advice. We recommend consulting an attorney regarding copyright issues.

### No Obligation to Monitor

• We are not obligated to monitor content for copyright infringement
• We rely on copyright owners to identify infringement
• We do not verify accuracy of DMCA notices

### Discretion We reserve the right to:

• Remove content that may be infringing, even without DMCA notice
• Refuse to restore content after counter-notification
• Terminate accounts at our discretion
• Modify this policy at any time

### No Liability We are not liable for:

• Removal of non-infringing content
• Failure to remove infringing content
• Actions taken in good faith pursuant to DMCA
• Decisions regarding infringement

10. INTERNATIONAL CONSIDERATIONS

### US-Based Service This DMCA policy applies to our services based in the United States and subject to US copyright law.

### Other Jurisdictions

• Users outside the US should comply with local copyright laws
• International copyright treaties may provide protections
• Different procedures may apply in other countries

### EU Copyright Directive For EU users, see our separate EU Copyright Policy/Article 17 Compliance at URL (if applicable).

11. OTHER INTELLECTUAL PROPERTY CONCERNS

### Trademarks For trademark infringement claims, see our Trademark Policy at URL or contact Email.

### Patents For patent concerns, contact Email.

### Trade Secrets For misappropriation of trade secrets, contact our Legal Department at Email.

### Right of Publicity For unauthorized use of name or likeness, contact Email.

12. EDUCATIONAL RESOURCES

### Fair Use Some uses of copyrighted material may be protected by fair use doctrine. Consider factors:

• Purpose and character of use
• Nature of copyrighted work
• Amount used in relation to whole
• Effect on market value

Learn more: Link to fair use resources

### Public Domain Content in the public domain is not protected by copyright:

• Works published before Year, typically 1928 for US
• Works with expired copyrights
• Works dedicated to public domain by creator
• US government works

### Creative Commons Some content is licensed under Creative Commons allowing certain uses. Check license terms at URL.

### Copyright Basics Learn about copyright:

• US Copyright Office: www.copyright.gov
• Other resources

13. MODIFICATIONS TO POLICY

We may update this DMCA Policy to reflect:

• Changes in law or regulations
• Court decisions
• Changes in our services
• Improvements to procedures

Notice of Changes:

• Updated "Effective Date" posted
• Material changes announced on website
• Email notification (for registered users)

Effect:

Continued use of services after changes constitutes acceptance of updated policy.

14. CONTACT INFORMATION

### Copyright Issues

DMCA Notices and Counter-Notifications:

Email: DMCA Email Mail: Copyright Agent Name and Address Phone: Phone Number

### General Inquiries

Customer Support:

Email: Support Email Phone: Support Phone Website: Support URL

Legal Department:

Email: Legal Email Mail: Legal Department Address

### Account Issues

Account Support:

Email: Account Email Login: Account Portal URL

IMPORTANT NOTICE:

This DMCA Policy is for informational purposes and establishes our procedures for handling copyright infringement claims. It does not constitute legal advice. If you have questions about copyright law or whether specific use constitutes infringement, consult with an attorney.

Submitting a DMCA notice or counter-notification involves legal consequences. Ensure all information is accurate and truthful. False claims may result in liability for damages and other penalties.

Last Updated: Date

Version: Version Number

Company: Company Name

Address: Full Address

Website: URL

Email: Contact Email