The DMCA
The Digital Millennium Copyright Act (DMCA) provides a standardized process for copyright holders, including software developers, to request the removal of infringing content from platforms like Home Active Projects. For more details, visit the U.S. Copyright Office’s official website.
As with any legal matter, it is highly recommended that you consult with a legal professional to address your specific questions or concerns. Our guides do not constitute legal advice, and you should not consider them as such.
Accurate Information
The DMCA requires you to swear to the facts in your notice of infringement under penalty of perjury. Deliberately providing false information in a sworn statement is a federal crime (see U.S. Code, Title 18, Section 1621). Submitting false information could also expose you to civil liability, meaning you could face legal action for damages.
Investigate Thoroughly
Users and organisations invest significant effort into creating content. Filing a DMCA notice of infringement is a serious legal action with real consequences. Therefore, we encourage you to conduct a thorough investigation and consult with an attorney before submitting a takedown request to ensure that the content in question is not actually authorised.
As a first step, consider contacting the user directly before proceeding with a DMCA takedown notice.
No Automated Submissions
Ensure that a trained professional carefully reviews each takedown notice before submission. If you are working with a third-party service to handle this process, make sure they do not rely on automated bots to submit bulk notices. Such notices are often invalid, leading to unnecessary content takedowns.
Counter Notices
Users affected by a takedown notice have the right to submit a counter notice. If this happens, the content will be restored within 14 days unless you notify us that legal action has been initiated to restrain the user from engaging in alleged infringing activity related to the content.
Process Determination
Home Active Projects exercises minimal discretion in the DMCA process beyond ensuring that all notices meet the basic requirements. It is the responsibility of the parties involved (and their legal representatives) to evaluate the validity of their claims. All notices are submitted under penalty of perjury.
DMCA Takedown Notice
If you believe that someone is using your copyrighted material without authorization on Home Active Projects, please send a DMCA takedown request to [your support email]. Include the information in plain text in the body of the email, along with any attachments if necessary. Your DMCA notice must include the following details:
- A physical or electronic signature (typing your full name is acceptable) of the copyright owner or an authorised representative.
- Identification of the copyrighted work claimed to be infringed (e.g., a link to the original work or a clear description of the material allegedly being infringed).
- Identification of the infringing material and information sufficient to allow us to locate the material on our platform.
- Your contact details, including your physical address, telephone number, and email address.
- A statement affirming your good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Notices submitted via email will be processed more quickly than those sent by physical mail. However, if you prefer to mail your notice, you may send it to the following address:
Attention Legal Department
DMCA Notice
Home Active Projects
No 151 Modderfontein Road, President Park, Midrand, Johannesburg, South Africa.
By submitting a DMCA notice, you acknowledge that a copy of the submission, including the information provided, may be shared with the person or entity accused of infringement.
DMCA Counter Notice
If you believe your content was mistakenly disabled due to a DMCA takedown request, you have the right to submit a counter notice. Before proceeding, ensure you meet the requirements for submitting a valid DMCA counter notice. Counter notices can be submitted via email or physical mail to the same addresses provided above.