DMCA Policy
To file a Counter Notification, click here.
If you are the subject of a choad file and want to have yourself removed, click here.
Copyright Infringement Notification
Under penalty of law, the complaining party must be authorized to act on behalf of the owner of the exclusive rights of the work that is allegedly infringed.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive rights of the work that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. In other words: a URL and a description of the work that identifies it.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
The Choad Network
Attn: DMCA Complaints
815-A Brazos #241
Austin, TX 78701
Email: copyright@choadnetwork.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification
If a work that you have posted has been removed due to a DMCA copyright infringement notification you may file a counter notification.
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Elements of Counter-Notification
A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs of material that The Choad Network has removed or to which The Choad Network has disabled access.
- Provide your full name, address, telephone number, and email address, and the username of your choadnetwork account.
- Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Austin, Texas if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Send the written communication to the following address:
DMCA Counter Notification
The Choad Network
815-A Brazos #241
Austin, TX 78701
Email: copyright@choadnetwork.com
Then What Happens?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 14 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on The Choad Network. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we will do our best to promptly reinstate the material.
