DMCA Policy

Effective Date: Jul 26, 2018

Episodal respects the intellectual property rights of others and expects its users to do the same. It is Episodal’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website (at http://www.copyright.gov/legislation/dmca.pdf), Episodal will respond expeditiously to claims of copyright infringement committed using Episodal that are reported to Episodal’s Designated Copyright Agent, identified in the sample notice below.

1. Notice of Alleged Infringement

If you believe that any content uploaded or otherwise made available on the Service infringes upon any copyright which you own or control, pursuant to the DMCA you may notify Episodal's designated DMCA agent with a written communication that contains substantially the following:

  • Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on Episodal where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature.

Submit this notice, with all items completed, to Episodal’s Designated Copyright Agent by mail or e-mail:

Episodal Inc, Attn: Designated DMCA Agent P.O. Box #536 Pacifica, CA 94044 copyright@episodal.org

2. Notification of Other Intellectual Property (“IP”) Infringement

If you believe that some other IP right of yours is being i nfringed by a user, please provide Episodal’s Designated Copyright Agent (specified above) with the following information:

  • Your full legal name and your electronic or physical signature.
  • Information reasonably sufficient to permit Episodal to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an e-mail address.
  • Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Episodal to determine without unreasonable effort that the IP has been infringed.
  • Information reasonably sufficient to permit Episodal to identify the use being challenged.
  • Include both of the following statements in the body of the notice:
    • "I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law."
    • "I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP."

Upon receipt of notice as described above, Episodal will seek to confirm the existence of the IP on Episodal, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from Episodal.

3. Counter-Notification

Episodal will consider any retraction of a copyright complaint from the original complainant that is sent from the same address as the original copyright complaint.

If you are the original complainant and seek to retract your complaint, please provide Episodal's designated DMCA agent with a written communication with the following information:

  • The statement, with fields in all-caps completed:
    "I hereby retract my claim of copyright infringement sent on [DATE OF ORIGINAL COMPLAINT] regarding [BRIEF DESCRIPTION OF COMPLAINT] located at [PROVIDE URL OR OTHER SPECIFIC LOCATION ON THE SERVICE THAT CONTAINS THE CONTESTED MATERIAL]."
  • Your name and physical or electronic signature.

If you are the alleged infringer and seek to contact the original complainant, please write or email the original complainant at the address provided in the copyright complaint furnished to you, and have the original complainant contact us directly with their retraction following the procedure listed above for retractions by original complainant. Please be aware that you are responsible for any communications sent by you to the original complainant.