How DMCA Process Works
At Fametribute, we are committed to protecting intellectual property rights while ensuring a fair process for all parties involved. Here’s a detailed look at how our Digital Millennium Copyright Act (DMCA) process works, from the moment we receive a complaint to the resolution:
Initial Step: Submitting a DMCA Takedown Notice
The process initially starts when any copyright holder or someone authorized to act on their regards, submits a “DMCA takedown notice.” How to do this? The process is quite simple just send an email, a printed letter, or a form. The notice claims that the content published on our platform infringes on their copyright without permission.
Step 2: Our review of the Takedown Notice
Once we receive the DMCA takedown notice, we first review it to ensure that the claims are right or not and all the necessary elements are included because DMCA is a legal procedure, we can’t process notices that are not completed or have any missing critical information.
Alongside after verifying the completeness, we also check for validity. We respect copyrights, but we also recognize everyone’s right to use content legally. We reject notices that:
- Target content that isn’t copyrightable, like a person’s name.
- Address content where the complainant may not own the copyright, such as a photograph where the subject isn’t the copyright owner.
- Involve fair use of copyrighted content.
Step 3: Removing The DMCA
Firstly, if the DMCA notice is complete and valid we will start our further procedure. We promptly remove the infringing content and replace it with a DMCA removal message, which might look like a placeholder image or a note at the end of a blog post. Rest assured, only the specific infringing part is removed, leaving the rest of the site intact.
Step 4: Informing the Owners and the Copyright Holders
After removing the content, we inform the site owner via email, providing them with a copy of the original DMCA complaint. Although, we also notify the copyright holder, letting them know that the allegedly infringing content has been taken down.
However, if the owner or the copyright holder wishes to republish the data, they have to edit the post to remove the specific infringing content (only if a portion of the post was in question). Once edited, the site owner can reply to our message to request the removal of the DMCA takedown notice.
NOTE: Site owners should not attempt to republish the removed content without following the proper procedures. Doing so could lead to permanent suspension from Fame tribute.
Step 5: Adding a Strike
We are obliged by DMCA legislation to adopt a repeat infringer policy. We have to add a strike to the account of the site owner if they do not respond to the legitimate DMCA notice. After ten business days, strikes are assessed, giving the site owner ample opportunity to examine the situation and, if necessary, file a legitimate counter-notice.
Step 6: Reviewing and Processing the Counter Notice
A site owner may file a counter-notice if they contest the DMCA takedown order and think their usage of the content is legitimate. If website owners think there has been an error, we strongly advise them to use this option.
Step 7: Restoring the Content
Once the counter-notice is being or under processed, the copyright holder has 10 business days to take any legal action in order to prevent the main owner of the site using their content on Fametribute. During this time, the site owner cannot republish the content.
If the copyright holder does not initiate legal proceedings within those 10 business days, we are required by the DMCA to restore the content to the site.
Although, by agreeing to the process and following the same DMCA process, we aim to balance the rights of copyright holders with those of content creators, ensuring fairness and legal compliance at every step.
Thank you for choosing Fame tribute, where your trust in our process is paramount.