If you believe that someone is using your copyrighted content without permission, you can use the Digital Millennium Copyright Act (DMCA) process to send a DMCA takedown notice. As a service provider of the Momensity Marketplace platform, we act quickly upon receiving valid DMCA takedown notices.
Before submitting a DMCA takedown notice, make sure that you understand the rights you are claiming and consider seeking legal advice. Falsely claiming copyright infringement can have serious legal consequences. If the DMCA takedown notice is not in a valid format, we will request that you resubmit it with the missing information.
To be valid, the DMCA takedown notice must contain the following information:
- Explain the content in the Author’s item that you claim infringes your copyright, including a description and where we can find it the Author’s item – include the URL;
- Explain your copyrighted content and let us know where we can see this published – include the URL;
- Provide a detailed explanation of how you believe the content in the Author’s item violates your copyright;
- Include your full name and contact details, including your address, phone number, and email address;
- Include the following two statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” AND “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
By law, you must sign and date your DMCA takedown notice. If you submit the notice through Momensity Marketplace Help, your full name will act as your digital signature, which is legally binding. If you want to sign a physical document, scan and attach it to the help ticket.
When we receive a DMCA takedown notice, we have to send it to the Author of the item in question, which means that they will receive your details. The Author has the option to submit a DMCA counter-notification if they disagree with your DMCA takedown notice, and they may contact you directly using your contact details.
Once we receive a valid DMCA takedown notice, the content in question will typically be disabled from Momensity Marketplace. Therefore, we recommend that you take screenshots of any relevant pages, including the Author’s profile page and relevant site pages, for your records. If we receive a counter-notification and you have not confirmed that you’ve filed court proceedings against the Author within 10 business days, we will re-enable the content within 14 business days of receiving the counter-notification. If you have any further questions, please visit our DMCA FAQ page.
