How to submit a valid DMCA Takedown Notice

If you believe someone is using your copyrighted content without permission, you can use the Digital Millennium Copyright Act (DMCA) process by sending us a DMCA takedown notice. As the service provider of the Momensity platforms, we act promptly when we receive valid DMCA takedown notices.

Please make sure you understand what rights you are claiming before you submit a DMCA takedown notice because it is a serious legal document. Consider whether you need legal advice. It’s really important not to make false claims as this could have serious legal consequences.

If the DMCA takedown notice is not in a valid format we will ask you to resubmit with the missing information.

For us to action a DMCA takedown notice, it must be in a valid format, which means it must include the information set out at points 1-5 below.

1. Explain the content of 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;
2. Explain your copyrighted content and let us know where we can see this published – include the URL;
3. Give us a detailed explanation about how you believe the content in the Author’s item violates your copyright;
4. Include your full name and contact details, including your address, phone number, and email address;
5. 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.”
6. By law, you need to sign and date your DMCA take-down notice either with a physical or digital signature. If you want to sign a physical document you’ll need to scan the document and attach it to the help ticket.

We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person, who is the Author of the item you have identified, can submit a DMCA counter-notification if they disagree with your DMCA takedown notice, and they might contact you directly using your contact details.

The content in the Author’s item in question will generally be disabled from Momensity when we receive a DMCA takedown notice. If we receive a counter-notification and you have not confirmed to us 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.

What to consider if you have received a DMCA Takedown Notice

If you receive a DMCA takedown notice, you can consider whether you think the claims made in the notice are valid. You might choose to seek legal advice, especially if you’re not sure whether there is any legal validity to the claim.

• You can choose to accept a DMCA takedown notice – if so your content will remain disabled.
• Or, you can choose to respond to a DMCA takedown notice by sending us a DMCA counter-notification.

How to submit a Counter Notice

Please take care to understand this process because it is possible that the claimant can take legal action against you if you file a counter-notification. If you have any further questions please visit our DMCA FAQ page.

It’s really important not to make a false claim, as this could have serious legal consequences. Please seek your own advice if you’re not sure about what the counter-notification process means.

If the DMCA counter-notification is not in a valid format we will ask you to resubmit with the missing information.

For us to action a DMCA counter-notification it must be in a valid format, which means it must include the information set out in the points below. There is an example template for your reference:

1. Explain the content in your item that has been taken down, including a description and where it was found – include the URL (this is on the original DMCA notice).
2. Make a formal statement about why you think the content in your item should be reinstated. Include the following words: “I make this statement under penalty of perjury, I have a good faith belief that the content was…[add the reason why the content was not used in an unauthorized way]” (for example “removed or disabled as a result of mistake or misidentification of the content”.
3. Include your full name and contact details, including your address, phone number, and email address.
4. If you are a US resident, include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district where you live.
5. If you live outside the United States, include a statement that you consent to the jurisdiction of the courts in Stafford, Virginia (where Momensity is based), and the courts located in the United States federal district in which the person who sent the DMCA takedown notice (claimant) lives.
6. Include a statement that you will accept service of process from the claimant or their agent.

By law, you need to sign and date your notice either with a digital or physical signature. If you send us the information via Momensity Support, please state SIGNED followed by your full name. If you want to sign a physical document you’ll need to scan the document and attach it to the help ticket.

We’ll send a copy of the DMCA counter-notification to the person who sent the DMCA takedown notice (claimant), then wait 10 business days. Unless the claimant sends us a notice that court proceedings have been filed against you within 10 business days, we’ll then reinstate the content within 14 business days from when we received the counter-notification.

How to submit a General IPR Notice

As the DMCA process only applies to copyright, we have a similar process for other claims (General IPR Notices). If you believe that an Author’s item on Momensity Flows are incorporating the use of prompt apps that is protected by another form of IPR (not copyright), such as a trademark, we ask you to send us a General IPR Notice that contains the detailed information set out below. We’ve set out an example template that you can use, see GENERAL IPR NOTICE TEMPLATE.

1. Tell us about the content in the Author’s item that you claim infringes your rights, including a description and where we can find it – include the URL;
2. Tell us about the rights you claim, the basis of the ownership claim, and where we can see evidence of your right – include the URL. If you’re claiming a trademark right include the trademark registration number, country, and class of registration;
3. Give us a detailed explanation about how you believe the content in the Author’s item violates your claimed right; and
4. Include your full name and contact details, including address, phone number, and email address.
   You need to sign and date your notice. If you send us the information via Momensity Author Help please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you’ll need to scan the document and attach it to the help ticket.

We will respond appropriately depending on what your claim is about. We may ask for more information and send a copy of your claim to the Author. The Author might contact you directly using the details you’ve provided.

What to consider if you have received a General IPR Notice or another type of complaint

Complaints about the use of IPRs can cover a wide range of issues. If we send you a general IPR notice or tell you that another type of complaint has been made, we’ll generally ask you some specific questions about the complaint and the content or let you know what else is needed.

Template Notices

Select which template you need: 

• DMCA Notice
• Counter Notice
• General IPR Notice

DMCA Notice Template