dmca policy
Preview build. These documents are drafts pending review by counsel and are not legal advice. Numbers and terms may change before launch.
How getDARC handles copyright takedown notices, counter-notices, and repeat infringers under the DMCA.
1. Our respect for intellectual property
getDARC respects the intellectual property of others and expects its community to do the same. We host content that members post, and we respond to copyright complaints under the Digital Millennium Copyright Act.
This policy describes how we operate the notice-and-takedown and counter-notice procedures of the DMCA safe harbor, 17 U.S.C. Section 512, which conditions our protection on acting promptly on valid notices.
2. Designated DMCA agent
We have designated an agent to receive notifications of claimed copyright infringement. Direct all DMCA notices and counter-notices to the agent below.
DMCA Agent, Tombatossals Softworks LLC. Email: [email protected]. Physical address: on file with the US Copyright Office and available on request during this preview.
Notices sent to any other address may not reach the agent and may delay our response.
3. What a valid takedown notice must contain
To be effective under Section 512(c)(3), a written notice to our DMCA agent must include all of the following. A notice missing any element may be treated as deficient.
- Identification of the copyrighted work you claim has been infringed.
- Identification of the infringing material and information reasonably sufficient to locate it, such as the URL or post location on getDARC.
- Your contact information, including name, mailing address, telephone number, and email address.
- A statement that you have a good-faith belief that the use 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 the copyright owner or authorized to act on the owner's behalf.
- Your physical or electronic signature.
4. Notice-and-takedown process
On receiving a notice that substantially complies with the requirements above, we will expeditiously remove or disable access to the identified material.
We will then notify the member who posted the material that it has been removed in response to a DMCA notice, and we will provide information about the counter-notice procedure so the member can respond.
5. Counter-notice and restoration
If you believe your material was removed by mistake or misidentification, you may submit a written counter-notice to our DMCA agent. Under Section 512(g), a valid counter-notice must identify the removed material and its former location, include a statement under penalty of perjury that you have a good-faith belief the removal was a mistake or misidentification, provide your contact information, consent to the jurisdiction of the appropriate federal court, and carry your physical or electronic signature.
On receiving a valid counter-notice, we forward it to the complaining party. If that party does not notify us within the statutory window (generally 10 to 14 business days) that it has filed a court action seeking to restrain the activity, we may restore the material.
6. Repeat-infringer policy
We terminate, in appropriate circumstances, the accounts of members who are repeat copyright infringers. Repeated valid notices against an account lead to loss of posting privileges and termination.
This policy operates alongside the enforcement measures in our Acceptable Use Policy.
7. Logging and misrepresentation
We log notices and counter-notices, including the material identified and the actions we take, as part of our compliance record.
Be aware that Section 512(f) imposes liability on anyone who knowingly materially misrepresents that material is infringing, or that it was removed by mistake. Do not submit a notice or counter-notice in bad faith.
Status note: this is a preview draft under legal review. It is not legal advice, and specific terms may change before publication.