DMCA Policy
PodControl respects the rights of creators. We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act of the United States (DMCA), and under similar laws.
This page explains how to report infringement, how to file a counter notice, and what we do next. It is not legal advice.
1. What the DMCA does
The DMCA gives copyright owners a standard way to ask a service provider to remove infringing material. It also gives users a standard way to respond when they believe a removal was a mistake. You can read more on the website of the US Copyright Office.
As with every legal matter, speak with a lawyer about your own situation. We cannot give you legal advice.
2. Before you send a notice
- Investigate. A notice is a serious legal step. Check whether the use is allowed, for example as fair use, under a license, or with the consent of the owner. A short note to the account holder often fixes the problem faster.
- Be accurate. You make the statements in a notice under penalty of perjury. A knowingly false notice can make you liable for damages, including costs and legal fees, under Section 512(f) of the DMCA.
- Use a person. A trained person should review every notice before it goes out. We do not accept bulk notices from automated tools without human review.
3. Where PodControl material appears
PodControl makes clips for its customers from the recordings of those customers, and publishes them to the social accounts of those customers. We store or process this material for a short time. A social network hosts a post once it is published.
To remove a published post, also report it to the network. We can stop and remove what we hold, and we can stop scheduled posts.
4. How to send a notice
Send a written notice to our designated copyright agent. Write DMCA Notice in the subject line.
Designated Copyright Agent
PodControl
138 New Canlubang, Paciano Rizal, New Canlubang Village, Calamba, Laguna, Philippines 4027
Email: [email protected]
Subject line: DMCA Notice
Your notice must include all of the following:
- Your physical or electronic signature, or the signature of a person authorized to act for the copyright owner.
- A description of the copyrighted work you claim was infringed. For several works in one notice, give a representative list.
- A description of the material you claim is infringing, with enough detail for us to find it. Give the web address of the clip or post when you can.
- Your name, postal address, telephone number, and email address.
- A statement of your good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
- A statement saying the information in the notice is accurate.
- A statement, made under penalty of perjury, saying you are the copyright owner or are authorized to act for the owner.
We may not be able to act on a notice which lacks any of these items.
5. What we do
We review every notice we receive. We check whether the notice meets the minimum requirements of the DMCA. We do not judge the merits of the claim. That is for the parties and their lawyers.
When a notice is complete, we act quickly. We remove or disable access to the material, and we stop scheduled posts which use it.
We tell the account holder. We send them a copy of your notice, including the contact details you gave us. We may ask you for more information.
6. Counter notice
If you believe we removed your material by mistake, or the material is authorized, send a counter notice to the address in Section 4. Write DMCA Counter Notice in the subject line. Include all of the following:
- Your physical or electronic signature.
- A description of the removed material and where it appeared before removal.
- A statement, made under penalty of perjury, of your good-faith belief we removed the material by mistake or misidentification.
- Your name, postal address, telephone number, and email address.
- A statement of your consent to the jurisdiction of the federal court for the district where your address is located. If your address is outside the United States, give your consent to any judicial district where PodControl can be found. Also state you will accept service of process from the person who sent the original notice.
We send your counter notice to the person who sent the original notice. If that person does not inform us within 10 business days of a court action against you, we may restore the material. We restore it between 10 and 14 business days after we receive your counter notice.
7. Repeat infringers
We end the accounts of repeat infringers in appropriate circumstances. We can also end an account after one serious violation.
8. False claims
Anyone who knowingly misrepresents material as infringing, or as removed by mistake, can be liable for damages under Section 512(f) of the DMCA.
9. Notices under other laws
We also respond to notices under the copyright laws of other countries. Send them to the address in Section 4. Tell us which law applies.
10. Questions
For questions about this policy, email [email protected]. Read it together with our Terms of Service.