Copyright & DMCA Policy
Effective date: [EFFECTIVE DATE] Last updated: [EFFECTIVE DATE]
This Copyright & DMCA Policy is part of the Terms of Service for the Social application (the "Service") operated by [COMPANY NAME] ("[COMPANY SHORT]," "we," "us," or "our"). It explains how we respond to claims that audio, images, or other material uploaded to or stored on the Service infringes someone's copyright.
Note: This policy is written to align with the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. To rely on DMCA "safe harbor" protection you must designate a DMCA agent with the U.S. Copyright Office (https://dmca.copyright.gov) and keep the registration current. Have counsel confirm this policy and the registration before launch.
1. Respect for copyright
[COMPANY SHORT] respects the intellectual-property rights of others and expects users to do the same. As stated in the Terms, you may upload only User Content — including audio recordings, audio files, images, photos, transcripts, and notes — that you own or have all necessary rights and permissions to submit. Uploading material that infringes a third party's copyright violates the Terms and the Acceptable Use Policy.
2. Reporting alleged infringement (takedown notice)
If you are a copyright owner (or authorized to act for one) and believe material on the Service infringes your copyright, send a written notice to our Designated Agent (Section 6) that includes all of the following, as required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the copyright owner or a person authorized to act
on the owner's behalf;
- Identification of the copyrighted work claimed to be infringed (or, for multiple works,
a representative list);
- Identification of the material claimed to be infringing and information reasonably
sufficient to let us locate it (e.g., the account, session, or file in question);
- Your contact information — name, mailing address, telephone number, and email;
- A statement that you have a good-faith belief that the use of the material is not
authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notice is
accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Incomplete notices may not be valid. Note: under 17 U.S.C. § 512(f), knowingly making a material misrepresentation that material is infringing can subject you to liability for damages, including costs and attorneys' fees.
3. Our response
Upon receiving a valid notice, we will act expeditiously to remove or disable access to the identified material and will make a reasonable attempt to notify the user who uploaded it. Because much User Content is private to a single account, removal may mean disabling the affected session, file, or account access. We may also retain a copy as required for legal compliance.
4. Counter-notice
If you believe your material was removed or disabled by mistake or misidentification, you may send a written counter-notice to our Designated Agent that includes:
- Your physical or electronic signature;
- Identification of the material that was removed or disabled and the location where it
appeared before removal;
- A statement, under penalty of perjury, that you have a good-faith belief the material
was removed or disabled as a result of mistake or misidentification; and
- Your name, mailing address, and telephone number, and a statement that you consent to the
jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the U.S., any judicial district in which we may be found), and that you will accept service of process from the person who filed the original notice or their agent.
If we receive a valid counter-notice, we may restore the material in 10–14 business days unless the original complainant notifies us that they have filed a court action seeking to restrain the allegedly infringing activity.
5. Repeat infringers
We will, in appropriate circumstances and at our discretion, suspend or terminate the accounts of users who are determined to be repeat infringers, and we may remove content and restrict features at any time for suspected infringement.
6. Designated Copyright Agent
Send notices and counter-notices to our Designated Agent:
DMCA Agent — [COMPANY NAME] Attn: Copyright Agent [BUSINESS ADDRESS] Email: [LEGAL EMAIL]
To be effective and to support safe-harbor protection, this agent must also be registered with the U.S. Copyright Office Directory of Designated Agents.
7. Other intellectual property
For trademark or other (non-copyright) intellectual-property concerns, contact us at [LEGAL EMAIL]. We may use a similar notice-and-response process at our discretion.
Contact: [COMPANY NAME], [BUSINESS ADDRESS] · [LEGAL EMAIL]