DMCA

The DMCA

The Digital Millennium Copyright Act, also known as DMCA, provides a uniform procedure for copyright owners, including software creators, to request TopChoiceMarketers.com, LLC, along with its subsidiaries and associate companies (collectively referred to as “TopChoiceMarketers.com”, “The Company”, “We”, or “Us”) to eliminate content that infringes copyrights.

You can discover more about the DMCA by visiting the official website of the U.S. Copyright Office.

With regards to any legal issues, it’s always a wise choice to seek advice from a qualified professional about your unique queries or circumstances. We strongly recommend doing so before making any decisions that could affect your legal rights. Please note, our guides are not a substitute for legal advice and should not be interpreted as such.

Accurate Information

The DMCA stipulates that all the facts in your infringement notice must be sworn to under the threat of perjury. To intentionally falsify this declaration is considered a federal offense. (For reference, see U.S. Code, Title 18, Section 1621). Furthermore, providing incorrect information could also expose you to civil liability—meaning, you could be slapped with a lawsuit and forced to pay monetary damages.

The DMCA insists that you truthfully attest to all the details in your infringement notice, with the threat of perjury hanging over your head. It’s a serious federal crime to knowingly lie in such a declaration (check out U.S. Code, Title 18, Section 1621 for specifics). Moreover, if you’re found to have submitted false info, you could face civil liability—put simply, you could end up on the wrong end of a pricey lawsuit.

Investigate

Numerous individuals and groups pour their heart, soul, and inventiveness into the material they create via TopChoiceMarketers.com. Filing a DMCA infringement notice against such content is a serious legal allegation with notable consequences for genuine individuals. Hence, we strongly recommend conducting a thorough investigation and seeking legal counsel before issuing a takedown request, to ensure that the usage is not permitted in reality.

Before you proceed with a takedown notice to us, it would be wise to initially try to establish communication with the user directly.

No Automated Bots

Every takedown notice you dispatch should be vetted by a seasoned expert. If you’re delegating this responsibility to an external agency, it’s imperative to understand their procedures. You must ensure they’re not relying on automated systems to issue notices en masse. These notices often lack validity, and dealing with them only leads to unnecessary removal of content.

Counter Notices

Should anyone impacted by your takedown notice decide to file a counter-notice, we will reinstate their content in a span of 14 days. This will be the case unless you inform us that you’ve begun legal proceedings to prevent the user from continuing any infringement activities related to the content on TopChoiceMarketers.com.

The Determination

At TopChoiceMarketers.com, our role in the process is rather limited, primarily focused on assessing whether the notices comply with the basic requisites of the DMCA. The onus of evaluating the validity of their respective claims falls on the parties involved and their attorneys. It’s essential to remember that these notices must be submitted under the risk of facing perjury charges.

DMCA Takedown Notice

If you discover that your copyrighted material is being used without your consent on TopChoiceMarketers.com, we kindly ask you to send us an email alert at info@topchoicemarketers.com. You’re welcome to attach a document with your complaint, but we’d also appreciate a plain-text version in the body of your email. Your notice should contain the following details:

Firstly, we’d need a physical or electronic signature – your full name will do – from the copyright owner or someone authorized to represent them. Secondly, you’ll have to identify the copyrighted work that you believe has been infringed. This could be a link to your original work or a detailed description of the materials you claim are being used unlawfully.

Thirdly, help us by identifying the allegedly infringing material and provide sufficient information for us to find it on our website or services. We also need your contact information – your address, phone number, and email address. Lastly, we require a statement from you expressing your good faith belief that the material is being used in a way that the copyright owner, its agent, or the law doesn’t authorize.

To top it off, we need you to assert that the information in your complaint is accurate and, under penalty of perjury, that you are legally authorized to act for the copyright owner.

You can also mail your notice to us, but be aware that it will take us longer to receive and process it. Emails in plain-text format reach us quicker and we can respond sooner, compared to PDF attachments or physical mail. If you prefer the snail mail route, you can send your notice to our physical address, which is:

Attention Legal Department

By submitting a DMCA notice via our form, email, or physical mail, you acknowledge that a copy of your DMCA submission disclosing all information provided may be shared with the accused party.

DMCA Counter Notice

If you believe your content was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter-notice. Before you begin, please ensure that you can answer the requirements for DMCA counter-notifications.

You may also submit a counter notice by e-mail or physical mail, as set forth above.