Copyright Protection

Novellyta respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable laws.

⚠️ IMPORTANT LEGAL NOTICE

Before Filing a DMCA Notice: Filing false or bad faith DMCA claims may result in serious legal consequences, including liability for damages, attorney fees, and potential criminal charges under Section 512(f) of the DMCA.

Verify Your Rights: Ensure you actually own the copyright or are authorized to act on behalf of the copyright owner before submitting any notice. Submitting false claims is perjury and may result in legal action against you.

Consider Fair Use: Before filing a claim, consider whether the use might be protected under fair use doctrine or other legal exceptions.

1. Copyright Infringement Policy

1.1 Zero Tolerance: Novellyta has a zero-tolerance policy for copyright infringement. Users who repeatedly infringe upon the copyrights of others will have their accounts terminated.

1.2 Original Content Only: All authors must submit only original content that they own or have proper authorization to use.

1.3 Immediate Action: Upon receiving a valid DMCA takedown notice, we will promptly remove or disable access to the allegedly infringing material.

2. Filing a DMCA Takedown Notice

If you believe that your copyrighted work has been copied and is accessible on Novellyta in a way that constitutes copyright infringement, you may submit a DMCA takedown notice. Your notice must include the following information:

Required Information:

  • A physical or electronic signature of the copyright owner or person authorized to act on their behalf
  • PROOF OF COPYRIGHT OWNERSHIP: You must provide evidence of copyright ownership, including:
    • Copyright registration certificate, OR
    • Publication records with creation date, OR
    • Timestamped creation evidence (drafts, emails, etc.), OR
    • Signed authorization from the copyright owner if acting as agent
  • Identification of the copyrighted work claimed to have been infringed, including title, description, and URL if published elsewhere
  • Specific identification of the material claimed to be infringing, including exact URLs on our platform
  • Your complete contact information (full name, address, telephone number, and email address)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, agent, or law
  • A statement made under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner

3. How to Submit a DMCA Notice

3.1 Designated Agent: All DMCA notices should be sent to our designated copyright agent:

DMCA Agent: copyright@novellyta.com

3.2 Notice Processing: All DMCA notices must be sent in English. Notices not meeting the documentation requirements above will be rejected without processing.

3.3 Response Time: We will review and respond to valid DMCA notices within 24-48 hours of receipt. Incomplete notices will be rejected within 24 hours.

3.4 Documentation Review: We reserve the right to request additional proof of copyright ownership before processing any DMCA notice. Failure to provide requested documentation within 7 days will result in notice rejection.

3.5 Bad Faith Detection: Notices that appear to be submitted in bad faith, lack proper evidence, or seem automated/bulk-generated will be immediately rejected and may result in the sender being blocked from future submissions.

4. Counter-Notification Process

4.1 Right to Counter-Notify: If you believe your content was removed in error or misidentification, you may submit a counter-notification.

4.2 Counter-Notice Requirements: Your counter-notice must include:

  • Your physical or electronic signature
  • Identification of the material that was removed and its previous location
  • A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification
  • Your contact information
  • A statement consenting to jurisdiction of the federal court in your district (or where Novellyta is located if outside the US)

4.3 Restoration Process: If we receive a valid counter-notice, we may restore the content after 10-14 business days unless the original complainant files a court action.

5. Repeat Infringer Policy

5.1 Three-Strike Policy: Users who receive three valid DMCA takedown notices will have their accounts permanently terminated.

5.2 Account Monitoring: We maintain records of DMCA notices and track repeat offenders across our platform.

5.3 Appeal Process: Terminated users may appeal the decision by providing evidence that the takedown notices were invalid or submitted in bad faith.

6. False Claims and Anti-Abuse Protection

6.1 Penalties for False Claims: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be liable for damages, including attorney fees and court costs.

6.2 Documentation Requirements: Failure to provide adequate proof of copyright ownership may result in rejection of the DMCA notice. Insufficient documentation includes claims without registration, creation proof, or authorization.

6.3 Repeat False Claimants: Users who submit multiple invalid or bad faith DMCA notices may be permanently banned from submitting future notices to our platform.

6.4 Legal Action for Abuse: Novellyta reserves the right to pursue legal action against individuals who abuse the DMCA process, including seeking damages for processing costs, legal fees, and harm to our platform.

6.5 Criminal Liability: Submitting false DMCA notices constitutes perjury under penalty of law and may result in criminal prosecution under federal law.

7. Fair Use Considerations

7.1 Fair Use Doctrine: Before submitting a DMCA notice, please consider whether the use might be protected under fair use doctrine.

7.2 Factors to Consider: Fair use analysis includes the purpose of use, nature of the work, amount used, and effect on the market value.

7.3 Legal Advice: If you're unsure about fair use, we recommend consulting with a qualified attorney before filing a DMCA notice.

8. International Copyright

8.1 Global Compliance: We respect copyright laws in all jurisdictions where we operate and will respond to valid takedown requests under applicable international copyright treaties.

8.2 Local Laws: In addition to DMCA procedures, we may also respond to takedown requests under other applicable copyright laws.

9. Contact Information

For all copyright-related inquiries and DMCA notices copyright@novellyta.com.