DMCA Policy: We respect intellectual property rights. Submit valid takedown notices for copyright infringement.

DMCA Policy

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Copyright Protection
Takedown Process
Legal Compliance

Last Updated: January 2025

Effective Date: This DMCA policy is effective immediately upon posting.

Copyright Respect: We respect intellectual property rights and comply with DMCA regulations.

Quick Response: Valid takedown notices are processed promptly according to legal requirements.

DMCA Copyright Policy

DMCA Overview

Fotud respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond expeditiously to claims of copyright infringement committed using our service that are reported to our designated copyright agent.

Important Notice: Fotud is a directory service that provides information about digital content platforms. We do not host, store, or distribute copyrighted content directly. However, we respond to valid DMCA notices regarding links to allegedly infringing content.

Filing a DMCA Takedown Notice

If you believe that content accessible through our directory service infringes your copyright, you may submit a DMCA takedown notice. Your notice must include all required elements under the DMCA:

Required Elements for Valid DMCA Notice (17 U.S.C. § 512(c)(3))

  • Physical or Electronic Signature: A physical or electronic signature of the copyright owner or authorized agent
  • Identification of Copyrighted Work: Clear identification of the copyrighted work claimed to have been infringed
  • Location of Infringing Material: Specific URLs or reasonably sufficient information to locate the allegedly infringing material
  • Contact Information: Your name, address, telephone number, and email address
  • Good Faith Statement: A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
  • Accuracy Statement: A statement that the information in the notification is accurate
  • Authority Under Penalty of Perjury: A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

How to Submit DMCA Notice

Submission Requirements

  • Contact Method: Submit through our official contact form or designated email
  • Subject Line: Use "DMCA Takedown Notice - [Your Name/Company]" in the subject line
  • Complete Documentation: Include all required DMCA elements listed above
  • Specific URLs: Provide exact URLs of allegedly infringing content or links
  • Legal Format: Follow proper DMCA statutory requirements and format
  • Copyright Evidence: Provide evidence of your copyright ownership or authorization

Our Response Timeline

  • Initial Review (24 hours): We acknowledge receipt and begin initial review of your notice
  • Completeness Check (48 hours): We verify that all required DMCA elements are present
  • Action Phase (72 hours): If valid, we remove or disable access to allegedly infringing material
  • Notification: We notify affected users and document all actions taken
  • Record Keeping: We maintain detailed records of all DMCA proceedings

Counter-Notification Process

If you believe that material was removed or disabled by mistake or misidentification, you may file a counter-notification pursuant to 17 U.S.C. § 512(g):

Required Elements for Counter-Notification

  • Physical or Electronic Signature: Your physical or electronic signature
  • Identification of Material: Identification of the material that was removed and its location before removal
  • Penalty of Perjury Statement: A statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification
  • Personal Information: Your name, address, and telephone number
  • Consent to Jurisdiction: A statement that you consent to the jurisdiction of Federal District Court for your judicial district
  • Service of Process: A statement that you will accept service of process from the complainant

Safe Harbor Provisions

  • Qualifying Service Provider: Fotud operates as a qualifying service provider under DMCA safe harbor provisions
  • Expeditious Response: We respond expeditiously to properly formatted takedown notices
  • No Actual Knowledge: We do not have actual knowledge of specific infringing activity
  • No Financial Benefit: We do not receive direct financial benefit from infringing activity when we have control
  • Designated Agent: We have designated an agent to receive infringement notifications

Repeat Infringer Policy

Termination of Repeat Infringers

  • Policy Implementation: We have adopted and reasonably implemented a policy for termination of repeat infringers
  • Account Monitoring: We monitor user accounts for patterns of infringing activity
  • Progressive Enforcement: Multiple valid DMCA notices may result in account warnings, suspension, or termination
  • Case-by-Case Review: Each situation is evaluated individually considering all relevant factors
  • Appeal Process: Users facing termination have the right to appeal our decision

Misrepresentation Warning

Legal Consequences of False Claims (17 U.S.C. § 512(f))

  • Liability for Damages: Knowingly materially misrepresenting that material is infringing may result in liability for damages
  • Attorney Fees: You may be liable for attorney fees incurred by the alleged infringer
  • Court Costs: You may be responsible for court costs and other legal expenses
  • Good Faith Requirement: Only submit notices if you have a good faith belief that use of the material is infringing
  • Consider Fair Use: Consider whether the use might be protected by fair use doctrine before submitting a notice

Fair Use Considerations

  • Fair Use Analysis: We consider fair use claims when evaluating takedown notices and counter-notifications
  • Four Factors: Fair use analysis considers purpose, nature, amount, and market effect of the use
  • Educational Use: Educational, research, and nonprofit uses may qualify for fair use protection
  • Commentary and Criticism: Commentary, criticism, and parody may be protected uses
  • Transformative Nature: Transformative uses that add new meaning or message may qualify for protection
  • Legal Complexity: Fair use is a complex legal doctrine that often requires legal analysis

International Copyright Issues

  • US Law Governance: Our DMCA procedures follow United States copyright law
  • International Treaties: We respect international copyright treaties including Berne Convention
  • Foreign Rights Holders: International copyright holders may submit DMCA notices
  • Jurisdictional Issues: Complex international cases may require additional legal review
  • Local Law Compliance: Users must comply with copyright laws in their jurisdiction

Designated DMCA Agent

Our designated agent for receiving DMCA notifications:

  • Contact Method: Official contact form or designated email system
  • Subject Line Format: "DMCA Notice" or "DMCA Counter-Notification"
  • Office Hours: Notices processed during business hours, Monday-Friday
  • Emergency Contact: Urgent copyright matters may be expedited
  • Legal Matters Only: This contact is exclusively for DMCA-related communications

Frequently Asked Questions

Common DMCA Questions

  • Q: How quickly will content be removed? A: Valid notices are processed within 24-72 hours
  • Q: Can I remain anonymous? A: No, DMCA requires complete contact information and signature
  • Q: What if I made a mistake? A: Contact us immediately to discuss withdrawal of the notice
  • Q: Do you charge fees? A: No, we do not charge fees for processing valid DMCA notices
  • Q: Can I submit bulk notices? A: Yes, but each work must be specifically identified
  • Q: What about parody or reviews? A: These may be protected by fair use; consider before filing

Policy Modifications

  • Right to Modify: We reserve the right to modify this DMCA policy as needed
  • Legal Updates: Changes may reflect updates in copyright law or court decisions
  • Notice of Changes: Significant modifications will be prominently posted
  • Effective Date: Policy changes become effective upon posting
  • Regular Review: We recommend reviewing this policy periodically

Contact Information

For all DMCA-related matters:

  • DMCA Takedown Notices: Contact form with "DMCA Takedown Notice" subject
  • Counter-Notifications: Contact form with "DMCA Counter-Notification" subject
  • Policy Questions: General inquiries about our DMCA procedures
  • Legal Consultation: We recommend consulting with an attorney for complex copyright issues
  • Priority Processing: All DMCA communications receive priority handling
Copyright Commitment: We are committed to respecting intellectual property rights and maintaining compliance with DMCA requirements. Submit complete and accurate notices for prompt processing.
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