DMCA Copyright Policy

Section 512 of the U.S. Copyright Act creates several limitations on liability, often called safe harbors, for qualifying online service providers. For certain safe harbors, the provider must designate an agent to receive notifications of claimed infringement, publish specified agent contact information on its website and provide the same information to the U.S. Copyright Office.

A designation provides a route for copyright notices. Registering an agent does not, by itself, establish that every section 512 condition has been met, determine whether a particular use infringes copyright, or make ATLANTIC IMAGE DEFENSE LLC a court or governmental copyright authority.

Use this channel if you believe copyrighted material is being used in an infringing manner on or through a service operated or controlled by ATLANTIC IMAGE DEFENSE LLC and you want the company to review a written notification under the U.S. DMCA.

If the material exists only on another website, platform, hosting provider, social network, search engine or unrelated service, the correct notice normally must be directed to that service provider or its designated agent. ATLANTIC IMAGE DEFENSE LLC may separately assist rights holders with evidence organization or case preparation, but its own designated-agent address does not make it the DMCA agent for third parties.

To be effective under 17 U.S.C. § 512(c)(3)(A), a written notification should include, in substance, the statutory elements below. Complete and precise information helps reduce delays, mistaken removals and unnecessary follow-up.

• A physical or electronic signature of a person authorized to act for the owner of the exclusive right allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or a representative list when multiple works at one online site are covered.
• Identification of the material claimed to be infringing or the subject of infringing activity, together with information reasonably sufficient to locate it.
• Information reasonably sufficient to contact the complaining party, such as a postal address, telephone number and, when available, email address.
• A statement of good-faith belief that the complained-of use is not authorized by the copyright owner, its agent or the law.
• A statement that the information is accurate and, under penalty of perjury, that the complaining party is authorized to act for the owner of an exclusive right allegedly infringed.

Receiving a notice does not automatically establish infringement. ATLANTIC IMAGE DEFENSE LLC may check that the work and its location are identified with sufficient precision, confirm that the sender can be contacted, preserve the correspondence and assess whether the notice appears complete for the procedure invoked.

Where section 512 applies and a compliant notice concerns material on or through the relevant service, the DMCA framework contemplates expeditious removal or disabling of access. The company may contact the affected subscriber or user, request clarification, preserve evidence and maintain an audit trail. A person must still review any sensitive conclusion or action.

A subscriber whose material has been removed or disabled as a result of a DMCA notice may be able to submit a counter-notification under 17 U.S.C. § 512(g)(3). A counter-notification is not a simple disagreement; it contains specific statutory statements and consent provisions.

• The subscriber’s physical or electronic signature.
• Identification of the material removed or disabled and the location at which it appeared before removal or disabling.
• A statement under penalty of perjury that the subscriber has a good-faith belief the material was removed or disabled because of mistake or misidentification.
• The subscriber’s name, address and telephone number, together with the jurisdiction and service-of-process consent required by § 512(g)(3)(D).

When a service provider receives a qualifying counter-notification, section 512(g) includes a notice-and-replacement procedure. Subject to the statutory conditions, the provider may restore the material not less than 10 and not more than 14 business days after receipt of the counter-notice unless the original complaining party notifies the provider that it has filed an action seeking a court order to restrain the subscriber from the allegedly infringing activity.

These time periods are part of the federal statutory framework and do not create an automatic promise that every disputed item will be restored. The facts, completeness of the submissions and applicable law still matter.

A DMCA notice should not be used merely because a copyright owner dislikes a use. The sender must consider authorization by the copyright owner, its agent or the law, including potentially applicable limitations or exceptions. Section 512(f) can impose liability for certain knowing material misrepresentations in a notice or counter-notice.

ATLANTIC IMAGE DEFENSE LLC therefore reviews the documented record before taking any action with material consequences. Licences, permissions, ownership records, fair-use arguments, factual corrections, mistaken identity and other relevant information are considered when they are material to the applicable process.

The U.S. Copyright Office explains that service providers seeking section 512 safe-harbor protection must satisfy the conditions applicable to the relevant safe harbor. Designating an agent and publishing contact information are important steps, but they are not a blanket immunity or a finding that a provider qualifies in every case.

Section 512 also contains other requirements and limitations, including provisions concerning repeat infringers and standard technical measures where applicable. Eligibility depends on the provider, the service, the material, the knowledge and conduct involved, and the particular subsection invoked.

A notice or counter-notice may contain names, addresses, telephone numbers, signatures, URLs and legal statements. ATLANTIC IMAGE DEFENSE LLC may retain such records for case administration, evidence preservation, security, dispute handling and legal compliance, subject to its privacy and retention rules.

Information may be shared with the affected subscriber, the complaining party, service providers, qualified advisers or authorities when reasonably necessary to process the notice, defend rights, comply with law or maintain the integrity of the record. Do not submit unrelated sensitive information.

This page provides a practical public explanation. It does not replace Title 17 of the United States Code, the regulations of the U.S. Copyright Office or advice from qualified counsel. If there is any inconsistency, the applicable law and official government materials control.

The official sources below should be used to verify current statutory language, designated-agent information and U.S. Copyright Office guidance.

This policy also states the safeguards Atlantic applies when a copyright matter moves from an initial verification request into reminder correspondence, formal notice or a contemplated targeted service-provider notice. Direct correspondence to a website operator is not automatically a DMCA takedown notice. A statutory notice is used only when the applicable legal framework, recipient role and readiness checks support that route.

These safeguards are designed to improve accuracy, proportionality, traceability and defensibility. They do not guarantee that Atlantic qualifies for a section 512 safe harbor, do not immunize Atlantic or a rights holder from a claim, and do not predetermine whether a use is infringing. Applicable law, the facts and competent legal review remain controlling.

• Automated detections and similarity indicators remain leads only and require human review.
• The recorded rights holder, authority to act, work provenance, precise material and URLs must be reviewed before controlled escalation.
• Available licences, permissions, invoices, factual corrections and potentially applicable limitations or exceptions must remain reviewable.
• A provider-facing section 512 notice must remain targeted to the identified material and may be used only where U.S. law and the relevant statutory conditions apply.
• Atlantic recognizes the good-faith, accuracy and misrepresentation safeguards associated with section 512, including 17 U.S.C. § 512(f).
• Generated correspondence, supporting evidence, reviewer identity and material decisions remain auditable and earlier issued documents are not rewritten.