Ampl Copyright Infringement and DMCA Policy
November 1, 2018
This Copyright Infringement and DMCA Policy explains how Ampl responds to claims of the unauthorized use of copyrighted text, images, or links and to allegedly infringing materials under the Digital Millennium Copyright Act (“DMCA”).
The Digital Millennium Copyright Act
DMCA § 512 provides the legal requirements for reporting copyright infringement to a service provider, such as Ampl. The statute also explains how the person who posted the allegedly infringing content can oppose a notice of alleged infringement by submitting a counter-notice to a service provider.
Confirm that You Have Rights in a Copyrighted Work before Submitting a Notice of Infringement
Sending a copyright notice or counter-notice carries with it serious legal implications. The DMCA imposes legal and monetary penalties for making fraudulent or bad-faith claims to a service provider regarding copyright infringement. Only if you are the actual copyright holder, or if you have been authorized to act on a rights holder’s behalf should you submit a removal notice to a service provider.
DMCA Steps to Submit a Copyright Notice of Infringement
If you would like to submit a notice concerning copyright infringement to Ampl, you must provide us the following information pursuant to DMCA § 512(c)(3)(A):
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf (typing your full name will do);
Identification of the copyrighted work claimed to have been infringed (e.g., a copy of or link to your original work or clear description of the materials allegedly being infringed). If multiple copyrighted works at a single website are covered by a single notice, a representative list of such works at that site is acceptable;
Identification of the infringing material and information reasonably sufficient to permit Ampl to locate the material on our services (e.g., a link to the infringing post);
Your contact information, including your address, telephone number and an email address;
A statement that you have a good-faith belief that the use of the material in the manner asserted 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 you are authorized to act on behalf of the copyright owner.
You can report alleged copyright infringement by emailing the above information to Copyright@ampl.co. You may also mail a copyright notice to:
8683 E. Via de Negocio
Scottsdale, AZ 85258
Ampl’s Response to Your Notice of Infringement
Ampl’s response to a notice of alleged copyright infringement may include removing or restricting access to the allegedly infringing material. Pursuant to DMCA § 512(g)(1), Ampl is not liable to any person for any claim based on Ampl’s good faith of disabling or removing infringing material. If Ampl removes or restricts access to content in response to a copyright notice, Ampl will make a good-faith effort to contact the affected account holder to provide information about the alleged infringement. The affected account holder may have a right under DMCA § 512(g)(3) to provide a counter-notice that the work is not infringing.
If You Receive a Notice of Infringement
If you have posted content that has been removed from Ampl for being infringing, Ampl will send you a message. You should take such message seriously, read it carefully, and understand why you have received the message and your options to file a counter-notice.
Steps for Filing a Counter-Notice
If you receive a notification that material you’ve posted is possibly infringing work and has been removed, and you believe that your material was misidentified or removed in error, you can file a counter-notice with Ampl by following the steps below.
To submit a counter-notice, please respond to our original message to you about the removal of your content with the following information:
A physical or electronic signature (typing your full name will do);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA notice is enough);
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 of the material to be removed or disabled; and
Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Ampl may be found, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
We may permanently suspend your account if you re-post material that has been alleged to be infringing work. Instead of re-posting your material, you should send us a counter-notice.
After We Receive Your Counter-Notice
After we receive a counter-notice that complies with the above requirements, we’ll promptly forward a copy to the person who sent us the notice of infringement. If within 10 business days the person who sent us the notice of infringement is not seeking a court order to prevent further infringement of the material at issue, we may replace the material that was removed.
Ampl’s Treatment of Repeat Infringers
In appropriate circumstances, Ampl will terminate the accounts of users who are repeat copyright infringers. A “repeat infringer” is generally a user for whom Ampl has received more than two copyright infringement notices that are compliant with applicable law with respect to such content. However, if circumstances warrant, Ampl may terminate the accounts of users who infringe on another’s work only once.