DMCA Notice and Takedown Policy | Give Me A Lawyer

Give Me A Lawyer ("the Platform," "we," "us," or "our") operates as an online legal directory and advertising platform located at https://givemealawyer.com. This DMCA Notice and Takedown Policy ("Policy") governs the procedures for reporting alleged copyright infringement and the submission of counter-notifications in accordance with the Digital Millennium Copyright Act ("DMCA"), codified at 17 U.S.C. § 512.

1. Statement of Policy and Safe Harbor Invocation

Give Me A Lawyer respects the intellectual property rights of others and expects its users to do the same. We qualify as a "Service Provider" under the Online Copyright Infringement Liability Limitation Act ("OCILLA"). In accordance with 17 U.S.C. § 512(c), we have implemented this Policy to address claims of copyright infringement involving user-generated content, including but not limited to attorney profiles, biographies, photographs, and reviews.

By maintaining this policy and a designated agent, Give Me A Lawyer invokes the "Safe Harbor" protections provided under federal law, limiting our liability for copyright infringement claims arising from material posted by third parties without our direction or control.

2. Designated Copyright Agent Information

Pursuant to 17 U.S.C. § 512(c)(2), Give Me A Lawyer has designated an agent to receive notifications of claimed infringement. [REVIEW: Confirm that the legal entity below has been formally registered in the U.S. Copyright Office's online DMCA Designated Agent Directory.]

Designated Agent: [REVIEW: INSERT FULL LEGAL ENTITY NAME]

Postal Address: [REVIEW: INSERT COMPLETE PHYSICAL MAILING ADDRESS]

Email Address: dmca@givemealawyer.com

Phone Number: [REVIEW: INSERT DIRECT LINE FOR COPYRIGHT AGENT]

3. Formal Requirements for a DMCA Takedown Notice

To be effective under 17 U.S.C. § 512(c)(3)(A), a notification of claimed infringement must be a written communication provided to the Designated Agent listed above and must include substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be 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 (e.g., the specific URL of the profile or image).
(iv) Information reasonably sufficient to permit Give Me A Lawyer to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4. Acknowledgment and Removal Process Timeline

Upon receipt of a notification that substantially complies with the requirements of Section 3, Give Me A Lawyer will act expeditiously to remove, or disable access to, the material that is claimed to be infringing. We typically acknowledge receipt of the notice within two (2) business days and aim to complete the removal or disablement of access within forty-eight (48) to seventy-two (72) hours of receiving a valid notice.

We will take reasonable steps to promptly notify the user who posted the material (the "Respondent") that we have removed or disabled access to said material.

5. Counter-Notification Procedures

If a user believes that their material was removed or disabled by mistake or misidentification, they may file a counter-notification pursuant to 17 U.S.C. § 512(g)(2) and (3). To be effective, a counter-notification must be a written communication provided to the Designated Agent and include substantially the following:

(i) The user's physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that the user has 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.
(iv) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Give Me A Lawyer may be found, and that the user will accept service of process from the person who provided notification under Section 3 or an agent of such person.

6. Restoration of Content Timeline

Upon receipt of a valid counter-notification, Give Me A Lawyer will promptly provide the person who submitted the original Takedown Notice with a copy of the counter-notification and inform that person that the Platform will replace the removed material or cease disabling access to it in ten (10) business days.

Per 17 U.S.C. § 512(g)(2)(C), we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter-notice, unless our Designated Agent first receives notice from the person who submitted the original Takedown Notice that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our system or network.

7. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i)(1)(A), Give Me A Lawyer maintains a policy that provides for the termination, in appropriate circumstances, of users and account holders of our system or network who are repeat infringers.

For the purposes of this Policy, a "repeat infringer" is defined as any user who has been the subject of three (3) substantiated DMCA Takedown Notices (not successfully challenged via counter-notice) within any rolling twelve (12) month period. Give Me A Lawyer reserves the right to terminate any user account or attorney profile immediately and without prior notice if we determine, in our sole discretion, that the user is willfully and repeatedly violating the intellectual property rights of others.

8. Liability for Misrepresentation (17 U.S.C. § 512(f))

Please be advised that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Give Me A Lawyer, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

9. International Filings and the Berne Convention

While Give Me A Lawyer is a United States-based platform, we recognize the international nature of copyright law. Copyright owners from nations that are members of the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, or other international intellectual property agreements may utilize the procedures set forth in this Policy to report infringement. All notices must be submitted in the English language and meet the specific criteria required by U.S. law as outlined herein.

10. Standard Technical Measures

Give Me A Lawyer accommodates and does not interfere with standard technical measures (as defined in 17 U.S.C. § 512(i)) used by copyright owners to identify or protect copyrighted works.

11. Notice and Takedown Form Template

To expedite your request, please provide the following information in the order listed below when contacting our Designated Agent:

Description of Work: A detailed description of the copyrighted work you claim is infringed.
Location: The exact URL(s) on givemealawyer.com where the material is located.
Contact Info: Your full name, mailing address, telephone number, and email.
Authority:A statement that you are the owner or authorized to act on the owner's behalf.
Good Faith:The "Good Faith Belief" statement required by Section 3(v) of this Policy.
Perjury Statement:The "Penalty of Perjury" statement required by Section 3(vi) of this Policy.
Signature: Your electronic or physical signature.

12. Contact Information

For all copyright-related inquiries, please contact our Designated Agent at the email address provided below. Please include "DMCA Notice" or "DMCA Counter-Notice" in the subject line of your communication.

Email: dmca@givemealawyer.com