Before you publish, there are four things to update in the policy template below:
- Replace every instance of [Company/Entity Name] with the legal name you registered under with DMCA Relay — this appears twice, once in the opening line and once in the mailing address.
- Select from [Service or Services] depending on if this policy covers one service or more than one service that you have registered with DMCA Relay. Then replace [Service Name] with the name of your service and [Service URL] with the web address of your service.
- Replace submit.dmcarelay.com/notice/[abc123] and submit.dmcarelay.com/counter/[abc123] with your actual webform URLs — the ones with the slug we assigned you (you'll find this in your account confirmation email).
- Replace submit-[abc123]@dmcarelay.com with your actual notice address — the one ending in @dmcarelay.com with the slug we assigned you (you'll find this in your account confirmation email).
Need help? Don't hesitate to contact us.
DMCA Policy
This policy describes how [Company/Entity Name], the operator of the [Service or Services], responds to claims that materials users have submitted infringe copyright, in accordance with the DMCA. The [Service or Services] covered by this policy [is/are] [Service Name], located at [Service URL]. [if you have more than one service registered with DMCA Relay, copy the previous section and identify all services]
What’s the DMCA?
The DMCA is a United States federal law that sets up a formal process for reports of copyright infringement by our users, called takedown notices. It also sets up a process for disputing takedown notices by sending counter-notices. The law protects us from liability for infringement by users when we follow this process. It also makes those who abuse the takedown and dispute processes liable for damage they cause.
How does it work?
Many online service providers like us handle great numbers of takedown notices and counter-notices. Often, the whole process takes place online, with the help of automated tools. However, the legal claims and documents involved remain very serious. Please approach the process accordingly.
Should I send a takedown notice?
If you aren’t absolutely sure that you own copyright and that material on our site infringes, speak to an attorney before sending a DMCA takedown notice. Knowing, material misrepresentations about infringement in a takedown notice can make you liable to us, the person that you wrongly allege is infringing, copyright owners, and licensees, all for significant damages, including costs and attorneys’ fees. A lawyer can help you decide if you should file a takedown notice, and if so, help you prepare it correctly. We (and our agent) can’t help you determine this.
How do I send a takedown notice?
Send takedown notices to our agent (see below). Per United States Code, title 17, section 512(c)(3), your takedown notice must have:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work you claim has been infringed.
- Identification of the infringing material to be removed — whenever possible, include a direct URL(s) to the alleged infringing material so we can process your request as expediently as possible.
- Contact information, preferably an email address, that we can use to reach you.
- Your statement of good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Your statement that the information in your notice is accurate.
- Your statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
How do we respond to takedown notices?
When we receive a valid takedown notice, we remove or restrict access to allegedly infringing material. We then try to contact the user that submitted the material to notify them that the material has been removed or restricted, to provide them a copy of the takedown notice, and to direct them to this policy.
What about repeat offenders?
When appropriate, we limit, suspend, or terminate the accounts of users who repeatedly infringe copyright.
Should I dispute a takedown?
If you aren’t absolutely sure that your material doesn’t infringe copyright, speak to an attorney before sending a DMCA counter-notice. Knowing, material misrepresentations about mistaken removal or access restriction can make you liable to us, the one who filed the takedown notice, copyright owners, and licensees, all for significant damages, including costs and attorneys’ fees. A lawyer can help you decide if you should file a counter-notice, and if so, help you prepare it correctly. We (and our agent) can’t help you determine this.
How do I dispute a takedown?
Do not resubmit material to the website that we removed or restricted in response to a takedown notice. If you do this, we will limit, suspend, or terminate your account. Instead, send a counter-notice to our agent (see below). Per United States Code, title 17, section 512(g)(3), your counter-notice must have:
- Your physical or electronic signature.
- Identification of the material removed or access-restricted, and where it was available via our service before we removed or restricted access to it (direct URLs are preferred whenever possible).
- Your statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
- Your name, address, and telephone number.
- Your 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 United States, for any judicial district in which we may be found.
- Your statement that you will accept service of process from the person who provided the takedown notice, or their agent.
How will we respond to counter-notices?
When we receive a valid counter-notice, we forward a copy to the person who filed the takedown notice. If they don’t notify us within ten business days that they are seeking a court order to prevent further infringement, we may replace or restore access to the material we removed.
Agent for Notices
Please send all notices required by this policy to our agent:
By web form (preferred):
- DMCA Notices: submit.dmcarelay.com/notice/[abc123]
- DMCA Counter-Notices: submit.dmcarelay.com/counter/[abc123]
By email: submit-[abc123]@dmcarelay.com (PDF attachments are acceptable)
By mail:
[Company/Entity Name]
c/o DMCA Relay
850 Euclid Ave.
Suite 819 #6544
Cleveland, OH 44114
Related resources
- DMCA Notice & Counter-Notice Workflow — what to do once a notice actually arrives.
- DMCA Tracking Log — log notices and counter-notices as they come in.
- Repeat Infringer Policy — guidance on what “limit, suspend, or terminate” should mean in practice.