Under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), an online service provider is shielded by safe harbor provisions only if it responds expeditiously to remove or disable access to claimed infringing material upon receipt of a notification meeting strict statutory requirements.
Yadongtube operates in strict compliance with international copyright treaties, the World Intellectual Property Organization (WIPO) Copyright Treaty, and the United States Copyright Office DMCA designated agent requirements. To ensure that legitimate rights holders are protected without malicious censorship or anti-competitive abuse, notices must strictly adhere to the six statutory prongs.
The Six Mandatory Elements of 17 U.S.C. § 512(c)(3)(A)
- Physical or Electronic Signature: An authorized physical or digital mark of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the Copyrighted Work: Clear description of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered, a representative list of such works.
- Identification of the Infringing Material: Direct URLs to the specific catalog pages or streams that are claimed to be infringing or to be the subject of infringing activity, sufficient to permit the service provider to locate the material.
- Contact Information: Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and an email address.
- Good Faith Belief Declaration: 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 (such as fair use).
- Sworn Statement of Accuracy Under Penalty of Perjury: 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.
Counter-Notification Procedures Under 17 U.S.C. § 512(g)
If content was mistakenly removed as a result of misidentification or clerical error, affected content licensors have the statutory right to file a Counter-Notification. A valid counter-notice must state under penalty of perjury that the material was removed or disabled as a result of mistake or misidentification, consent to federal court jurisdiction, and provide full contact credentials. Upon receipt of a valid counter-notice, Yadongtube informs the original claimant, who has 10–14 business days to initiate court action before playback may be restored.
Legal Risks of Fraudulent Takedowns: 17 U.S.C. § 512(f)
Submitting false, fabricated, or reckless takedown notices carries severe legal consequences. Under Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or the service provider. Yadongtube maintains an immutable audit log of all received notices and collaborates with legal counsel to report malicious submissions.
Frequently Asked Questions (FAQ)
How quickly does Yadongtube process DMCA takedown requests?
Our automated compliance queue monitors incoming notices at [email protected] 24 hours a day, 7 days a week. Properly formatted statutory notices are reviewed and acted upon within 2 to 6 hours during standard operating cycles.
Can I submit a takedown notice without an exact URL?
No. Under 17 U.S.C. § 512(c)(3)(A)(iii), notices must identify the specific material with sufficient detail to permit the service provider to locate it. Direct video page URLs (e.g. https://yadongtube.org/video/sample/) are required.