DMCA Policy: Our Strict Enforcement of Intellectual Property Rights
At Overly Controlling Or Protective, we maintain an unyielding commitment to upholding the intellectual property rights of creators and diligently protecting the integrity of our platform. It is imperative that all users and third parties understand and strictly adhere to the protocols outlined in this Digital Millennium Copyright Act (DMCA) Policy. We take copyright infringement with the utmost seriousness and will not tolerate any misuse of our services for infringing activities. Furthermore, we reserve the right to take decisive action against any individual or entity submitting fraudulent or erroneous claims, which may include legal penalties and immediate termination of access to our services. Your compliance is not optional; it is a mandatory prerequisite for using our platform.
Procedure for Submitting a Valid Copyright Infringement Notice
To ensure the efficient and accurate processing of your claim, you must precisely follow the steps below. Any deviation from these exact requirements may result in the immediate rejection of your notice. We will only act upon notifications that conform explicitly to the DMCA’s statutory requirements (17 U.S.C. § 512(c)(3)).
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Specific Identification of the Copyrighted Work: You must provide an exhaustive and unambiguous list of the copyrighted work(s) claimed to have been infringed. This includes, but is not limited to, precise titles, authors, registration numbers (if applicable), and URLs to an authoritative source where the original work can be found or verified. Generic descriptions are strictly unacceptable.
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Exact Identification of the Infringing Material: You must precisely identify the specific material on our platform that you claim is infringing your copyrighted work(s). This requires the provision of the exact URL(s) where the infringing content resides. Screenshots alone are insufficient; direct links are mandatory. We require a level of detail that leaves no room for ambiguity regarding the location of the alleged infringement.
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Verifiable Contact Information for the Complainant: Provide your complete legal name, mailing address, telephone number, and email address. This information must be accurate, current, and verifiable. Anonymous or incomplete notices will be disregarded immediately.
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Statement of Good Faith Belief: You must include a formal statement declaring, in good faith, that the use of the copyrighted material identified is not authorized by the copyright owner, its agent, or the law. This statement must reflect a genuine belief, and we reserve the right to scrutinize its veracity.
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Statement Under Penalty of Perjury: You must include a statement asserting that the information contained within the notification is accurate and, critically, that under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. False statements made under penalty of perjury carry severe legal consequences.
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Authentic Physical or Electronic Signature: The notification must be physically or electronically signed by the copyright owner or a person formally authorized to act on their behalf. This signature serves as an attestation of the veracity of the information provided.
Rigorous Protocol for Submitting a Counter-Notification
If you believe that material you posted was removed or access to it was disabled as a result of mistake or misidentification, you may submit a counter-notification. This process is not to be taken lightly, and any false counter-notifications will be met with severe repercussions, including potential legal action and permanent account termination. Your counter-notification must meet the precise requirements of the DMCA (17 U.S.C. § 512(g)(3)).
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Identification of the Removed Material: Clearly and unequivocally identify the material that was removed or to which access was disabled, and provide the exact URL(s) at which the material appeared before it was removed or disabled. Ambiguous descriptions will not be accepted.
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Statement Under Penalty of Perjury: Include a formal statement, under penalty of perjury, that you possess a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. This statement is legally binding.
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Subscriber’s Verifiable Contact Information: Provide your full legal name, mailing address, and telephone number. Your email address is also required. This information must be current, accurate, and verifiable.
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Consent to Jurisdiction: Include a statement indicating that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which Overly Controlling Or Protective may be found). Furthermore, you must state that you will accept service of process from the person who provided the original copyright infringement notification or an agent of such person. This is a non-negotiable requirement.
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Authentic Physical or Electronic Signature: The counter-notification must bear your physical or electronic signature, signifying your formal submission and acknowledgment of the statements made within.
All valid DMCA notices and counter-notifications must be submitted exclusively through our official designated channels. Attempts to submit through alternative means will be ignored. Please utilize our official contact page for all submissions related to this policy. Failure to do so will result in your submission being discarded without review.