Last Updated on May 13, 2021

Digital Millennium Copyright Act (“DMCA”) Policy

The DMCA

 

The Digital Millennium Copyright Act (“DMCA”) creates a standardized process for copyright holders (including software developers) to ask CMO Swipe File™, Inc 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 shouldn’t be taken as such.

 

We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:

 

a. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;

 

b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;

 

c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;

 

d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

 

Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.

 

If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is written communication that incorporates the following elements:

 

a. A physical or electronic signature of the poster;

 

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

 

d. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.

 

Counter Notices

 

Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable their content within 14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on CMO Swipe File.

 

The Determination

 

CMO Swipe File exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.

 

Investigate

 

Filing a DMCA notice of infringement is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown request to make sure that the use isn’t actually permissible.

 

A great first step before sending us a takedown notice is to contact us directly with your inquiries or questions.

 

Notices of the foregoing copyright issues should be sent as follows:

 

By mail: CMO Swipe File, C/O Legal Dept., 222 2nd Avenue South, 17th Floor Nashville, TN 37201

 

By e-mail: anthony@cmoswipefiles.com

 

If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

 

This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov