Digital Millennium Copyright Act (DMCA) Policy
Newsmotion (“Company”, “We”, “Us”, or “Our”) respects the intellectual property rights of others and expects its users, corporate issuers, and news contributors to do the same. It is Our policy, in appropriate circumstances and at Our sole discretion, to terminate or restrict the Accounts of users who are repeat infringers of intellectual property rights, including copyrights.
This DMCA Policy (“DMCA Policy”) outlines Our procedures for handling notifications of claimed copyright infringement in compliance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”).
1. Reporting Claims of Copyright Infringement
If You are a copyright owner or are authorized to act on behalf of a copyright owner, You may submit a DMCA Notice of Alleged Infringement to Our Designated Copyright Agent.
To be effective under the DMCA, the Notice must include substantially the following:
- Authorized Signature: A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- Identification of Work: Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered, a representative list;
- Identification of Infringing Material: Identification of the material that is claimed to be infringing, including sufficient information (such as the specific dispatch, image, or press release URL on newsmotion.org) to allow Us to locate the material;
- Contact Information: Your contact information, including full legal name, mailing address, telephone number, and email address;
- Statutory Statements: The following two statements:
“I 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.”
“The information in this notification is accurate, and under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Signatory Verification: A full legal name and physical or electronic signature of the person submitting the notice.
2. Submission of DMCA Notices
Notices of claimed copyright infringement should be sent directly to Our Designated Copyright Agent at:
3. Response to Notices
Upon receipt of a valid DMCA Notice, We will promptly:
- Review the notice for compliance with 17 U.S.C. § 512;
- Remove or disable access to the allegedly infringing material, in Our sole discretion;
- Notify the corporate issuer, user, or syndication partner who provided the allegedly infringing material; and
- If applicable, terminate or restrict the Account of any repeat infringer as defined under the DMCA.
4. Counter-Notification
If You believe that content You posted on Newsmotion was removed or disabled by mistake or misidentification, You may submit a written Counter-Notification under the DMCA.
To be effective, a Counter-Notification must include:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled, and the specific location/URL before it was removed;
- 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; and
- Your full name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court for the judicial district in which Your address is located, or if outside the United States, for the judicial district in which the Service provider may be found, and that You will accept service of process from the person who provided the original DMCA Notice or their authorized agent.
Upon receipt of a valid Counter-Notification, We may, in Our sole discretion, restore the removed content within 10 to 14 business days unless the copyright owner files a legal action seeking a court order within the statutory timeframe required by the DMCA.
5. False Claims and Remedies
If You knowingly misrepresent that content is infringing (or that it was wrongfully removed), You may be liable for damages, including attorneys’ fees and statutory costs, under 17 U.S.C. § 512(f). Submission of any false, misleading, or frivolous notices or counter-notices may result in the immediate termination of Your newsroom Account and expose You to civil liability as detailed in Our Editorial Review & Publishing Guidelines.
6. No Waiver of Company Rights
Failure by the Company to enforce any part of this DMCA Policy in a specific instance does not constitute a waiver of Our right to enforce it in other instances. No waiver will be effective unless in writing and executed by a duly authorized officer of Newsmotion.
7. Modifications
We reserve the right to amend or modify this DMCA Policy at any time in Our sole discretion. The current version of this DMCA Policy will be permanently posted in the footer of Our websites. All modifications are effective immediately upon posting. Your continued use of Our wire services or publication websites following any such changes constitutes Your express acceptance of the modified Policy.
8. Precedence in the Event of Conflict
In the event of a conflict or inconsistency between this DMCA Policy and the General Terms and Conditions or any applicable Corporate Service Agreement, the provisions of the General Terms and Conditions shall take precedence.
9. Contact and Questions
For questions regarding this DMCA Policy or copyright inquiries, please contact our editorial desk at editorial@newsmotion.org or visit Our Contact Page.