Digital Millennium Copyright Act (“DMCA”) Policy

The DMCA

The Digital Millennium Copyright Act (“DMCA”) creates a standardized process for copyright holders (including software developers) to ask ExecutiveStride.com to take down infringing content.

As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. Our guides are NOT legal advice and shouldn’t be taken as such.

Accurate Information

The DMCA requires that you swear to the facts in your notice of infringement under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621). Submitting false information could also result in civil liability.

Investigate

Filing a DMCA notice of infringement is a serious legal allegation that carries real consequences for real people. We ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown request. A great first step is to try contacting the user directly.

No Automated Bots

You should have a trained professional evaluate the facts of every takedown notice you send. Make sure third parties you outsource to are not using automated bots to submit notices in bulk.

Counter Notices

Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable their content within 14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity.

The Determination

We exercise little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims.

DMCA Takedown Notice

If someone else is using your copyrighted content in an unauthorized manner, please send an email notification to josh@executivestride.com. Please include the following information:

• A physical or electronic signature of the copyright owner or authorized person
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and information sufficient to locate it
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief the use is not authorized
• A statement that the information is accurate, under penalty of perjury, and that you are authorized to act on behalf of the copyright owner

By submitting a DMCA notice, you acknowledge that a copy of your submission may be shared with the accused party.

DMCA Counter Notice

If you believe your content was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. You may submit a counter notice by e-mail to josh@executivestride.com.