DMCA Process at Favorited
At Favorited, we are committed to respecting the intellectual property rights of others. We follow the process outlined under the Digital Millennium Copyright Act (DMCA) to address claims of copyright infringement. If you believe that content hosted on Favorited infringes your copyright, or if you are a broadcaster whose content has been removed due to a claim of copyright infringement, the following sections will guide you through the steps.
Information for Rights Holders
How to Submit a Notification of Claimed Infringement
If you are a copyright owner or an authorized agent acting on behalf of the owner, and you believe that content on Favorited infringes your copyright, you may submit a DMCA notification by following these steps:
Identify the copyrighted work: Provide a clear description of the copyrighted work you believe has been infringed. If multiple works are involved, you may provide a representative list.
Identify the infringing content: Include the URL(s) or other specific location(s) on Favorited where the infringing content is located.
Your contact information: Include your full name, address, phone number, and email address.
A statement of good faith: Include a statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law.
A statement of accuracy and authority: Include a statement that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.
Your electronic or physical signature: Either a typed signature or a physical signature is required to complete the notification.
Send your DMCA notification to: [email protected]
Information for Favorited Broadcasters
How to Submit a Counter Notification
If you believe that content you posted on Favorited was removed due to an erroneous or mistaken DMCA notice, you have the right to submit a counter-notification. Here’s how to submit a counter-notification:
Identify the removed content: Specify the URL(s) or other specific location(s) on Favorited where the content appeared before it was removed.
Your contact information: Provide your full name, address, phone number, and email address.
A statement of good faith: Include a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
Your consent to jurisdiction: Include a statement consenting to the jurisdiction of the federal court in your district (or if you are outside the United States, consenting to the jurisdiction of any federal district court in which Favorited may be found).
Your electronic or physical signature: Provide your signature, either typed or physical.
Send your counter-notification to: [email protected]
How to Submit a Retraction
If you, as a rights holder, have previously submitted a DMCA notice and wish to retract it (for instance, if the issue has been resolved or the claim was incorrect), you can do so by providing:
A clear statement retracting your previous DMCA notice.
The content or specific URL(s) involved in your retraction.
Your contact information
Your signature (typed or physical).
Send your retraction to [email protected]
Favorited’s Repeat Infringer Policy
Favorited takes copyright infringement seriously. In accordance with the DMCA, we have a policy to terminate the accounts of users who are determined to be repeat infringers. A “repeat infringer” is defined as any user who has received multiple DMCA takedown notices and does not successfully counter-notify or resolve the claims in question.
Favorited’s Role
Favorited does not have the legal authority to determine the outcome of copyright infringement disputes. Instead, we are committed to adhering to applicable laws, such as the DMCA, and any relevant court decisions that apply to our platform and users. Under the DMCA and similar regulations, Favorited acts as an intermediary, handling infringement notices submitted by rights holders and counter-notices from broadcasters, while notifying the parties involved. It’s ultimately up to the rights holder and the broadcaster to resolve the dispute.
In our role of facilitating this process, Favorited is responsible for:
Establishing the requirements for valid infringement notices and counter-notices in accordance with DMCA standards and related laws.
Tracking the notifications sent to broadcasters, their counter-notifications, and any court orders related to these matters.
Implementing a “Repeat Infringer Policy” that mandates the termination of accounts in cases where broadcasters are found to repeatedly infringe on copyrights, as discussed in more detail in the section above.
This outlines Favorited’s responsibilities in managing copyright disputes while staying compliant with legal requirements.