1. DMCA Overview

1.1 Purpose

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides a process for copyright holders to request removal of infringing content from online platforms. This policy outlines LocalBeat's procedures for handling DMCA notices in compliance with 17 U.S.C. § 512.

1.2 Scope

This policy applies to:

• Copyright infringement claims related to content on LocalBeat-hosted Sites
• Content uploaded by users to our platform
• Media files stored in our Media Library
• AI-generated content created using our services
• Email campaign content distributed through our platform

1.3 Good Faith Requirement

DMCA notices must be filed in good faith with a reasonable belief that infringement has occurred. Filing false or abusive notices may result in legal liability under 17 U.S.C. § 512(f).

1.4 Not Legal Advice

This policy provides information about our DMCA procedures but does not constitute legal advice. If you have questions about copyright law or DMCA procedures, consult a qualified attorney.

2. Designated DMCA Agent

2.1 Agent Information

LocalBeat's designated agent for DMCA notices is:

2.2 Copyright Office Registration

Our designated agent is registered with the U.S. Copyright Office as required by the DMCA.

2.3 Communication Method

DMCA notices must be sent via email to dmca@mylocalbeat.com. While we accept notices by email only, we encourage using digitally signed emails for verification purposes.

2.4 Response Time

We review DMCA notices within 1-2 business days of receipt and take action on valid notices within 24-48 hours.

3. Filing a Takedown Notice

3.1 When to File

File a DMCA takedown notice if:

• You own or exclusively represent the copyright in a work
• Content on a LocalBeat-hosted Site infringes your copyright
• The use is not authorized by you, your agent, or the law (e.g., fair use)
• You have a good faith belief that infringement has occurred

3.2 Before You File

Before filing a DMCA notice:

• Verify Infringement: Ensure the content actually infringes your copyright
• Consider Fair Use: Determine if the use may be protected under fair use doctrine
• Contact the User: Consider contacting the user directly to request removal
• Identify Content: Locate specific URLs and descriptions of infringing content
• Gather Evidence: Collect proof of your copyright ownership

3.3 What Happens After Filing

When we receive a valid DMCA notice:

1. We review the notice for completeness and validity
2. We remove or disable access to the allegedly infringing content
3. We notify the user who posted the content
4. We provide the user with a copy of the DMCA notice (including your contact information)
5. The user may file a counter-notice if they believe the removal was improper

4. Notice Requirements

4.1 Required Elements

To be valid, a DMCA takedown notice must include all of the following:

1. Identification of Copyrighted Work

Identify the copyrighted work you claim has been infringed. If multiple works are covered by a single notice, provide a representative list.

Example: "The photograph 'Sunset Over Downtown' originally published at [URL] on [date]"

2. Identification of Infringing Material

Identify the material that is allegedly infringing and provide enough information for us to locate it. Include specific URLs.

Example: "The infringing image appears at https://example.mylocalbeat.com/posts/article-title"

3. Contact Information

Provide your contact information:

• Full legal name (individual or company)
• Mailing address
• Phone number
• Email address

4. Good Faith Statement

Include the following statement:

"I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

5. Accuracy Statement Under Penalty of Perjury

Include the following statement:

"I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. Physical or Electronic Signature

Provide a physical or electronic signature. For email notices, typing your full legal name at the end constitutes an electronic signature.

4.2 Incomplete Notices

Notices that do not include all required elements may not be processed. We may contact you to request missing information but are not obligated to do so.

4.3 Sample Notice Template

To: dmca@mylocalbeat.com
Subject: DMCA Takedown Notice

1. IDENTIFICATION OF COPYRIGHTED WORK:
   [Describe your copyrighted work, including title, publication date, registration number if applicable]

2. IDENTIFICATION OF INFRINGING MATERIAL:
   [Provide specific URL(s) where infringing content appears]
   [Describe what aspect of the content is infringing]

3. CONTACT INFORMATION:
   Name: [Your full legal name]
   Address: [Your mailing address]
   Phone: [Your phone number]
   Email: [Your email address]

4. GOOD FAITH STATEMENT:
   I have a good faith belief that use of the copyrighted material described above is not authorized by the
   copyright owner, its agent, or the law (e.g., as a fair use).

5. ACCURACY STATEMENT:
   I swear, under penalty of perjury, that the information in this notification is accurate and that I am the
   copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly
   infringed.

6. SIGNATURE:
   [Your typed or physical signature]
   [Date]
      

5. Our Response Process

5.1 Notice Review

Upon receiving a DMCA notice, we will:

1. Verify the notice includes all required elements
2. Confirm the content is hosted on our platform
3. Review for obvious errors or bad faith indicators
4. Log the notice in our DMCA tracking system

5.2 Content Removal

If the notice is valid, we will:

• Remove or disable access to the allegedly infringing content within 24-48 hours
• Preserve a copy for legal purposes
• Document the removal with timestamps

5.3 User Notification

We will notify the user who posted the content:

• Send email notification of the removal
• Provide a copy of the DMCA notice (including your contact information)
• Explain their right to file a counter-notice
• Provide instructions for filing a counter-notice

5.4 Confirmation to Complainant

We will send you confirmation that:

• We received your notice
• We have removed or disabled the content
• We have notified the user

5.5 Invalid Notices

If a notice is incomplete or invalid, we may:

• Contact you to request corrections or additional information
• Decline to process the notice if critical information is missing
• Explain why the notice was rejected

6. Filing a Counter-Notice

6.1 When to File a Counter-Notice

If your content was removed due to a DMCA notice and you believe the removal was improper, you may file a counter-notice if:

• You have a good faith belief that the content was removed by mistake or misidentification
• The content does not infringe copyright (e.g., you own the copyright, have a license, or fair use applies)
• The DMCA notice was filed in error or bad faith

6.2 Counter-Notice Requirements

A valid counter-notice must include:

1. Your Contact Information

• Full legal name
• Mailing address
• Phone number
• Email address

2. Identification of Removed Content

Identify the content that was removed and the location where it appeared before removal (URL).

3. Good Faith Statement

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 mistake or misidentification of the material to be removed or disabled."

4. Consent to Jurisdiction

Include the following statement:

"I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or the District of Delaware if my address is outside the United States), and I will accept service of process from the person who provided the original DMCA notice or an agent of such person."

5. Physical or Electronic Signature

Provide a physical or electronic signature.

6.3 Counter-Notice Process

When we receive a valid counter-notice:

1. We review the counter-notice for completeness
2. We forward a copy to the original complainant
3. We inform the complainant they have 10-14 business days to file a court action
4. If no court action is filed, we restore the content after the waiting period
5. If court action is filed, the content remains down pending legal resolution

6.4 Restoration Timeline

Content may be restored 10-14 business days after we send the counter-notice to the complainant, unless the complainant notifies us that they have filed a court action seeking to restrain the user from engaging in infringing activity.

6.5 Sample Counter-Notice Template

To: dmca@mylocalbeat.com
Subject: DMCA Counter-Notice

1. IDENTIFICATION OF REMOVED CONTENT:
   [Describe the content that was removed]
   [Provide the URL where it appeared before removal]

2. CONTACT INFORMATION:
   Name: [Your full legal name]
   Address: [Your mailing address]
   Phone: [Your phone number]
   Email: [Your email address]

3. GOOD FAITH 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 mistake or misidentification of the material to be removed or disabled.

4. CONSENT TO JURISDICTION:
   I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is
   located (or the District of Delaware if my address is outside the United States), and I will accept service
   of process from the person who provided the original DMCA notice or an agent of such person.

5. SIGNATURE:
   [Your typed or physical signature]
   [Date]
      

7. Repeat Infringer Policy

7.1 Three-Strike Policy

LocalBeat maintains a repeat infringer policy in accordance with DMCA requirements:

• First Violation: Content removed, user warned
• Second Violation: Content removed, account suspended for 7 days
• Third Violation: Account permanently terminated

7.2 Tracking Infringements

We track DMCA violations per account. Violations include:

• Valid DMCA notices where content was removed
• Content not restored due to valid counter-notice process
• Confirmed infringements from multiple copyright holders

7.3 Exceptions and Appeals

Violations may be removed from your record if:

• You successfully file a counter-notice and content is restored
• The original complainant withdraws their DMCA notice
• A court determines the content was not infringing

7.4 Account Termination

Upon termination for repeat infringement:

• All content and Sites are permanently deleted
• No refunds are provided for subscription fees or credits
• You may not create new accounts
• We may share information with other platforms

7.5 Extraordinary Circumstances

We may immediately terminate accounts without following the three-strike policy for:

• Uploading large amounts of infringing content
• Running piracy or file-sharing sites
• Intentionally and repeatedly infringing copyright
• Circumventing DMCA processes

8. Misrepresentation and Penalties

8.1 Legal Liability

Under 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that:

• Material or activity is infringing, or
• Material or activity was removed or disabled by mistake or misidentification

...shall be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer or by the service provider.

8.2 Bad Faith Notices

Filing DMCA notices in bad faith is prohibited. Examples of bad faith include:

• Filing notices to harass competitors or critics
• Claiming copyright in works you do not own
• Submitting false or misleading information
• Abusing the DMCA process to censor content

8.3 Our Response to Abuse

If we determine a DMCA notice was filed in bad faith, we may:

• Reject the notice and restore content
• Report the abuse to relevant authorities
• Ban the complainant from filing future notices
• Pursue legal action for damages

8.4 Perjury Warning

DMCA notices and counter-notices are signed under penalty of perjury. Providing false information may result in criminal prosecution for perjury.

9. Limitations and Safe Harbor

9.1 Safe Harbor Protection

LocalBeat qualifies for DMCA safe harbor protection under 17 U.S.C. § 512(c) as a service provider hosting user-generated content. We do not have actual knowledge of infringing activity until we receive a valid DMCA notice.

9.2 No Duty to Monitor

We are not required to actively monitor user content for copyright infringement. We respond to valid DMCA notices but do not proactively screen all uploaded content.

9.3 User Responsibility

Users are solely responsible for ensuring their content does not infringe copyright. We are not liable for copyright infringement by users, provided we comply with DMCA notice-and-takedown procedures.

9.4 Expedited Removal

While DMCA law provides specific timelines, we strive to remove infringing content more quickly than legally required. However, removal typically occurs within 24-48 hours of receiving a valid notice.

9.5 No Investigation

We do not investigate or adjudicate copyright disputes. Our role is limited to processing DMCA notices and counter-notices according to the statute. Copyright disputes between parties should be resolved through negotiation or litigation.

10. Contact Information

10.1 DMCA Notices

Send DMCA takedown notices and counter-notices to:

10.2 General Copyright Questions

For general questions about copyright or this DMCA policy (not formal DMCA notices):

10.3 Important Reminder

Do not send DMCA notices to general support or legal email addresses. DMCA notices must be sent to dmca@mylocalbeat.com to ensure proper processing.

Last Updated: November 20, 2025
Version: 1.0
This DMCA Policy complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). Filing false DMCA notices may result in legal liability. If you have questions about copyright law, consult a qualified attorney.