Copyright & DMCA Policy

2. What a copyright notice must include

Under 17 U.S.C. §512(c)(3), a notice must be in writing and include all of the following. The tracked DMCA notice form asks for each one.

1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
2. Identification of the copyrighted work claimed to have been infringed (or, for several works, a representative list).
3. Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate it on JoinTheSwing — the page URL is best.
4. Information reasonably sufficient to let us contact you: your name, address, telephone number, and email address.
5. 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.
6. 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 an exclusive right that is allegedly infringed.

Knowingly misrepresenting that material is infringing can make you liable for damages, including costs and attorneys' fees, under 17 U.S.C. §512(f). If you are unsure whether a use is authorized — for example, whether it may be fair use — consider getting legal advice before sending a notice.

3. What happens after a notice

A notice filed through the tracked form receives a reference number in our compliance ledger. When a notice contains the required elements, we remove or disable access to the identified material and tell the member who posted it, including how to send a counter-notice. If a notice is missing an element, we tell the sender what is missing before acting on it.

4. Counter-notice

If material you posted was removed and you believe that happened because of a mistake or misidentification, you may send a counter-notice under 17 U.S.C. §512(g). Email it to [email protected] with “DMCA counter-notice” in the subject line, or send it to the designated agent above once published. A counter-notice must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled and where it appeared before it was removed.
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
4. 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, any judicial district in which JoinTheSwing may be found), and that you will accept service of process from the person who sent the original notice or their agent.

When we receive a complete counter-notice, we send a copy — including your contact details — to the person who sent the original notice, and tell them we will restore the material in 10 business days. We restore it between 10 and 14 business days after we received the counter-notice, unless the person who sent the original notice first tells us they have filed a court action seeking to restrain the alleged infringement.

5. Repeat-infringer policy

In appropriate circumstances we terminate the accounts of members who repeatedly infringe copyright. We record each notice that results in removal against the account that posted the material. A notice that is withdrawn, or whose material is restored after a counter-notice, is not counted. An account with three counted notices within any twelve-month period is terminated, and we may terminate an account sooner for flagrant or deliberate infringement.

6. Other intellectual-property complaints

Trademark, impersonation, and other intellectual-property complaints use the same complaints form. Requests to remove an intimate image or video shared without consent are not copyright matters — use the non-consensual intimate imagery option on that form, which we handle within 48 hours.