DMCA POLICY

The DMCA

The Digital Millennium Copyright Act (“DMCA”) creates a standardized process for copyright holders (including software developers) to ask Altara Creative Agency, its subsidiaries, and affiliates (collectively, “Altara Creative Agency,” the “Company,” “We,” or “Us”) to take down infringing content.

You can find more information about the DMCA at the U.S. Copyright Office’s official website.

As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. Our guides are NOT legal advice and should not be taken as such.

Accurate Information

The DMCA requires that you swear to the facts in your notice of infringement under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration (see U.S. Code, Title 18, Section 1621). Submitting false information could also result in civil liability, meaning you could be sued for money damages.

Investigate

Millions of users and organizations pour significant effort into the content they create. Filing a DMCA notice of infringement is a serious legal allegation that carries real consequences for real people. Because of this, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown request to ensure that the use is not actually permissible.

A helpful first step before sending a takedown notice is to attempt to contact the user directly.

No Automated Bots

Each takedown notice should be evaluated by a trained professional. If you outsource your enforcement efforts to a third party, ensure that they are not using automated bots to submit notices in bulk. Such notices are often invalid, and processing them can result in unnecessarily removing lawful content.

Counter Notices

Any user affected by a takedown notice may submit a counter notice. If a counter notice is submitted, we will re-enable the content within fourteen (14) days unless we receive notice that legal action has been initiated seeking to restrain the user from engaging in infringing activity relating to the content.

The Determination

Altara Creative Agency exercises limited discretion in the takedown process, other than determining whether notices meet the minimum requirements of the DMCA. It is the responsibility of the parties, and their legal counsel, to evaluate the merits of their claims, bearing in mind that notices must be made under penalty of perjury.

DMCA Takedown Notice

If you believe someone is using your copyrighted content in an unauthorized manner, please submit a DMCA takedown notice by email to:

Jeff@altaracrtv.com

You may include attachments, but please also include a plain-text version of your notice in the body of the email.

Your notice must include the following information:

  • A physical or electronic signature (typing your full legal name is sufficient) of the copyright owner or a person authorized to act on their behalf

  • Identification of the copyrighted work claimed to have been infringed (e.g., a link to the original work or a clear description of the copyrighted material)

  • Identification of the infringing material and information reasonably sufficient to permit us to locate the material

  • Your contact information, including your address, telephone number, and email address

  • A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

  • A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

If you prefer to submit your notice by physical mail, please be aware that processing times may be significantly longer than for email submissions.

Plain-text email notices generally receive the fastest response.

Physical mail notices may be sent to:

Attention: Legal Department
DMCA Notice
Altara Creative Agency
440 N 3rd Street
Reading, PA 19601

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

DMCA Counter Notice

If you believe that your content was removed or disabled as a result of a mistake or misidentification, you have the right to submit a DMCA counter notice.

Counter notices may be submitted by email or physical mail using the contact information listed above. Before submitting a counter notice, please ensure that you meet all requirements under the DMCA for such notifications.