1.Our approach
FyleUP respects the rights of creators and copyright owners, and expects everyone who uses the service to do the same. We respond to notices of claimed infringement under the US Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and similar laws elsewhere, and we close the accounts of repeat infringers.
2.How to send a notice
The quickest way is the copyright report form, which asks for everything below. You can also email [email protected] or write to our designated agent (see the last section). A notice must include:
- your physical or electronic signature, as the copyright owner or someone authorised to act for them;
- a description of the copyrighted work you believe is infringed;
- the FyleUP link of each item you want removed (for example
https://fyleup.com/f/AbC123xy), so we can find it; - your name, postal address, phone number and email address;
- a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law;
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorised to act for the owner.
Notices that leave out these details may be delayed while we ask for them.
3.What happens next
- We review the notice and, when it is complete, remove or disable access to the material.
- We tell the creator who uploaded it, including the details of the notice, which may include your name and contact details so they can respond.
- We record the notice against the creator’s account under our repeat-infringer policy.
- Earnings from removed material may be withheld.
4.Counter-notices
If your content was removed and you believe that was a mistake, or that you have the right to use the material, you can send a counter-notice to [email protected]. It must include:
- your physical or electronic signature;
- the link of the material that was removed and where it appeared before removal;
- a statement, under penalty of perjury, that you believe in good faith the material was removed by mistake or misidentification;
- your name, postal address and phone number;
- a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district where FyleUP may be found), and that you will accept service of process from the person who sent the original notice or their agent.
We forward a complete counter-notice to the person who sent the original notice. Unless they tell us within 10 business days that they have filed a court action to stop the infringement, we restore the material within 10 to 14 business days after receiving the counter-notice.
5.Repeat infringers
Each valid notice counts as a strike against the account that uploaded the material. Accounts with three strikes in twelve months are closed, and we may close an account sooner when the infringement is clear or serious. Strikes withdrawn by the sender, or resolved by a counter-notice that is not challenged in court, are removed. A closed account’s pending earnings are not paid, and the person behind it may not open a new account.
6.False notices
Under 17 U.S.C. § 512(f), anyone who knowingly makes a material misrepresentation in a notice or a counter-notice may be liable for damages. If you are not sure whether material infringes your rights, consider getting legal advice before you send a notice.
7.Designated agent
Our designated agent for copyright notices is:
[name of the designated agent]
FyleUP
1309 Coffeen Avenue STE 20934, Sheridan, Wyoming 82801, USA
[phone number]
[email protected]
Only copyright notices go to this address. For other concerns, see the contact page.