Copyright and DMCA
Moonbeem, Inc. operates Moonbeem and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). Moonbeem is a registered DMCA service provider (registration number DMCA-1072736).
Our DMCA process is summarized in section 11 of our terms of service. This page sets it out in full, following 17 U.S.C. § 512: how to send a takedown notice, what happens after one, and how to send a counter-notice if you believe material you submitted was removed by mistake or misidentification.
Our designated agent
Send notices and counter-notices to our designated agent, by email or by mail:
Sending a takedown notice
If you believe material on Moonbeem infringes a copyright you own or are authorized to act for, send our designated agent a written notice that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed or, if a single notice covers multiple copyrighted works on Moonbeem, a representative list of those works
- Identification of the material on Moonbeem that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or disabled, with information reasonably sufficient for us to locate it (a URL is helpful)
- Information reasonably sufficient for us to contact you, such as your address, telephone number, and, if available, email address
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized 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 authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
A notice that does not substantially include all of these elements may not be effective. If it identifies the work, the material, and how to reach you, we may contact you about what is missing.
What happens after a notice
When our designated agent receives a notice that meets these requirements, we remove the material or disable access to it expeditiously, and we take reasonable steps promptly to notify the user who submitted it that we have done so. That user may then send a counter-notice.
Sending a counter-notice
If material you submitted was removed or disabled after a notice, and you believe that was the result of mistake or misidentification, send our designated agent a written counter-notice that includes substantially the following:
- Your physical or electronic signature
- Identification of the material that was removed or to which access was disabled, and the location where it appeared before it was removed or disabled (a URL is helpful)
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which Moonbeem may be found, and that you will accept service of process from the person who sent the notice or that person's agent
A counter-notice that does not substantially include all of these elements may not be effective.
What happens after a counter-notice
When our designated agent receives a counter-notice that meets these requirements, we promptly send a copy of it to the person who sent the notice and tell them that we will restore the material, or stop disabling access to it, in 10 business days. We then restore the material, or stop disabling access to it, not less than 10 nor more than 14 business days after we receive the counter-notice, unless our designated agent first receives notice from that person that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Moonbeem.
We may keep material removed, or access to it disabled, if it violates our terms of service for another reason, for example if it is fan content derived from a work that is not authorized on Moonbeem.
Repeat infringers and misrepresentations
We will terminate the accounts of users determined to be repeat infringers under appropriate circumstances.
Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material or activity is infringing, or that it was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by a copyright owner or its authorized licensee, or by Moonbeem, as a result of our relying on that misrepresentation to remove the material or disable access to it, or to restore the material or stop disabling access to it.