DMCA & Copyright Infringement Notice Policy

Digital Millennium Copyright Act (DMCA) compliance.

TallyCounter Pro (https://tallycounter.pro/) respects the works of creators, authors, artists and software developers. We adhere to proper procedures in handling, investigating, and responding to notifications informing of alleged copyright violations in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512, "DMCA").

We have a strict policy of promptly responding to valid notices of alleged copyright infringement and removing or otherwise blocking access to any alleged infringing material on our servers.

2. Providing Formal DMCA takedown request/notice.

FOR CERTIFICATE HOLDERS: If you are the copyright holder or an authorized agent on behalf of the copyright holder, and believe that material on or accessible via TallyCounter Pro violates your copyright, please send a written notice, including all of the following statutory requirements as set forth in 17 U.S.C. § 512(c)(3):

The Signature:

A person's signature, either written or typed, stating that he or she is the owner of an exclusive right allegedly infringed.

Identification of the Copyrighted Work:

Providing clear identification of the copyrighted work sought to be protected or, when more than one copyrighted work is infringed on in a single situation, a representative list of infringed copyrighted works.

Identification of the Infringing Material:

Clear identification of the material claimed to be infringing or to be the subject of infringing activity including the exact URL(s) on TallyCounter Pro where the material is located.

Complaining Party's Contact Information:

A proper way to state the Essential Contact Information (Name, mailing address, mobile/smartphone number, working email address).

Good Faith Belief Statement:

This is a statement of your "good faith belief that the use of the material is not authorized by the copyright owner or its agent or by law as to the use made of such material."

Accuracy & Perjury Statement:

A declaration that the information contained in the notification is accurate, that under penalty of perjury you are entitled to bring the claim on behalf of the owner of the exclusive right allegedly infringed.

- 3. Designated DMCA Copyright Agent Directory -

All formal notices of any alleged acts of copyright infringement should be addressed to our Designated Copyright Agent:

These are our legal desk products, "Attn: Copyright Agent — TallyCounter Pro Legal Desk".

Email: dmca@tallycounter.pro

Noise Canceling Headphones, DMCA Copyright Infringement Notification

P.O. Box: TallyCounter Pro Legal Operations, P.O. Box 2154, Wilmington, DE 19801, USA

4. Counter-Notification Procedure (17 U.S.C. § 512(g))

If you think your content may have been removed or disabled due to mistake or misidentification, you can file a Counter-Notification in writing with our Designated Copyright Agent that includes:

Your signed name (written or typed).

Identification of material removed or for which access was disabled, and the location where it was found prior to its removal.

A sworn statement of good faith belief that because of mistake or misidentification, you have removed or caused to be disabled the material.

Your full legal name, physical address and telephone number and a declaration that makes a statement consenting to our jurisdiction of the Federal Court in the district in which the address is located (or Delaware if you don't live in the United States).

5. Repeat Infringer Policy

TallyCounter Pro has adopted a policy and procedure in compliance with Section 512 (i) of the Digital Millennium Copyright Act to terminate account holders or users who are persistent infringers of intellectual property rights as appropriate.

Legal sanctions for false or misleading notices.

According with 512(f) of the DMCA, any person knowingly materially misrepresenting that material or activity is infringing may be held liable for any damages incurred by TallyCounter Pro, or the alleged infringer, which may be extensive, including costs of court, attorneys fees, etc.

7. Detailed Guidelines for Identification of Copyrighted Materials

In a Digital Millennium Copyright Act Notice of Claimed Infringement, accuracy is crucial. Giving vague answers like 'the entire website' or 'a number of educational blog posts' will slow down the process of investigation, and may lead to the rejection of your notice as legally insufficient.

The exact Direct URL (Uniform Resource Locator) that accesses the specific webpage containing the disputed material (for example: https://tallycounter.pro/blog/how-to-use-an-online-tally-counter/) and an itemized list of all paragraphs, images (asset) or lines of code in that webpage that you assert infringes on your exclusive rights. When citing proprietary SVG vector artwork or diagrammatic illustrations, please include a link to the published work from which the image or illustration was first published or a certificate of copyright registration from the U.S. Copyright Office or other international intellectual property registration authority.

Correct practice of the Good Faith Standard, Declarations & Legal Consultation

The DMCA places significant liabilities on those who make a formal takedown request. Austin's argument that the use of the 21-songs video is fair – even though it quotes extensively from copyrighted material – leaves the copyright owner bound by a legal obligation arising from prior decisions by the courts (including Lenz v. Universal Music Corp.) that it must first “make a threshold assessment of [whether] the use is otherwise an allegedly non-infringing expressive use adequately served by the doctrine of fair use.”

Fair Use considerations involve the purpose of use and its character (e.g. for purposes of education, analysis, criticism, or commentary; or turns use into something different), news of the copyrighted work, quantity and substantiality of the work used, and potential market impact of the use on the copyrighted work. In the event you have any doubt as to whether content on TallyCounter Pro violates your rights we strongly urge you to contact your intellectual property lawyer prior to sending a formal notice of takedown.