Intellectual Property & DMCA
Updated: August 30, 2019
1) DMCA POLICY
A – Tiplr is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the Tiplr website and you did not authorize the use of the content you must notify Tiplr in writing in order for us to identify the allegedly infringing content and take action.
In order to more easily facilitate the process we have provided a form for your use on our contact us page. We will be unable to take any action if you do not provide us with the required information so please fill out all fields accurately and completely. Alternatively you may make a written notice via email, facsimile or postal mail to the DMCA Agent as listed below. Your written notice must include the following:
- Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
- Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit Tiplr to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.
- Information reasonably sufficient to allow Tiplr to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a 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.
- A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Tiplr may request additional information before removing any allegedly infringing material. In the event Tiplr removes the allegedly infringing materials, Tiplr will immediately notify the person responsible for posting such materials that Tiplr removed or disabled access to the materials. Tiplr may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). Tiplr designated Copyright Agent is:
DMCA Agent: Copyright Compliance Department
Contact Phone Number: (646) 204-7082
Contact Email Address: email@example.com
B – Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, Tiplr may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Tiplr’s sole discretion.
2) TIPLR DMCA REPEAT INFRINGER POLICY
What is the DMCA?
“DMCA” stands for the Digital Millennium Copyright Act. The DMCA provides copyright owners with a process for notifying service providers that store or host user content (such as websites, hosting services and Internet service providers) of alleged copyright infringements by their users. In most cases, these service providers are required to act on valid notifications and to terminate (in appropriate circumstances) subscribers and account holders who are repeat copyright infringers. Copyright infringement takes a variety of forms, but frequently consists of the unauthorized copying or sharing of files containing pictures, music, movies, television shows or computer games.
We are committed to complying with U.S. copyright laws and we require all Tiplr users to comply with them, too. Therefore, our users may not store any material or content, or access, share or distribute any material or content using Tiplr services, in any manner that constitutes an infringement of third party copyright rights.
What is Tiplr’s DMCA Repeat Infringer Policy?
We place accounts of users for whom we receive multiple DMCA notifications of alleged infringement into a multi-step DMCA Repeat Infringer Policy. Upon receipt of repeated DMCA notifications, the user account will progress from one policy step to the next one.
Actions that we may take under the DMCA Repeat Infringer Policy include sending alerts to the account’s user of record. We also reserve the right to suspend or terminate the account of any user for whom we have continued to receive DMCA notifications of alleged infringement even after we have sent repeat infringer alerts.
Who is a Repeat Infringer under your policy?
Any infringement of third party copyright rights violates the law. We reserve the right to treat any user account for whom we receive multiple DMCA notifications from content owners as a repeat infringer.
How many DMCA notifications trigger the next step in the Repeat Infringer Policy?
Any infringement of third party copyright rights violates the law. We reserve the right to move a user account to the next step of the policy upon receiving any number of DMCA notifications from content owners in a given year, or upon learning that the account holder is a repeat infringer.
How will I be notified about the DMCA Repeat Infringer Policy?
You will receive an email alert to the preferred email address on your account. You may also receive an in-browser notification.
Where can I get support for this policy?
Please email us at firstname.lastname@example.org if you have any questions or concerns related to our DMCA Policy and the Repeat Infringer Policy.