DRAFT – attorney review. Not in effect, and not legal advice.

DMCA Policy (DRAFT – attorney review)

This document is a draft for attorney review. It is not in effect and is not legal advice. It is the intended Digital Millennium Copyright Act (17 U.S.C. § 512) notice-and-takedown policy for YayNo™, a service of Latitude 65 Technologies LLC.

Designated agent

Notices under 17 U.S.C. § 512 go to the designated agent for Latitude 65 Technologies LLC:

Counsel should confirm that the Copyright Office directory listing matches this email and the mailbox address before the service is public. This page is still a draft for attorney review.

How to send a notice

A notice should include the elements in 17 U.S.C. § 512(c)(3):

We will review complete notices, remove or disable access to material when appropriate, and notify the user who posted it. Repeat infringers may have their accounts terminated.

Counter-notice

If your material was removed and you believe it was a mistake or misidentification, you may send a counter-notification that includes the elements in 17 U.S.C. § 512(g)(3). Counsel should supply the final form. We may restore the material in about 10–14 business days unless the original complainant seeks a court order, as the statute provides.

Misrepresentation

17 U.S.C. § 512(f) provides a cause of action for knowing material misrepresentation in a notice or counter-notice. Do not send a DMCA notice for a dispute that is not about copyright (for example an honest negative review). Use the report or takedown process instead.

Reviews and copyright

The text of a customer's review is generally the customer's copyrighted work, licensed to us under the Terms of Use. A business cannot use this DMCA process merely to take down a review it disagrees with. Photographs a user did not take, or other third-party works pasted into a review, may be proper DMCA subjects.

Other drafts: Terms of Use · Privacy Policy · Content & Review Guidelines · Content & Review Guidelines · Business Terms · Founding 1,000 terms · Refunds · Legal Takedown & Dispute Process · DMCA Policy