DMCA Policy

EU + DMCA Combined Copyright Compliance Policy

 

Disousa Blog (“Disousa,” “we,” “our,” or “the Site”) respects the intellectual property rights of creators worldwide and complies with both:

  • U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512
  • European Union copyright laws, including:
    • Copyright in the Digital Single Market Directive (EU) 2019/790 (“DSM Directive”)
    • E-Commerce Directive 2000/31/EC
    • National implementation in the Czech Republic (Act No. 121/2000 Coll.)

This policy establishes a unified Notice-and-Takedown and Counter-Notice process that satisfies DMCA requirements and EU “Notice-and-Action” standards, and explains how we handle user-generated content (UGC), copyright disputes, and data processing related to such notices.

Designated Copyright Agent (U.S. DMCA + EU Contact)

Copyright & DMCA Designated Agent:
Name: Disousa Blog Compliance Officer
Email: disousamail@gmail.com
Address: Troja, Prague, Czech Republic, 18100

This contact is exclusively for copyright matters.

Scope of This Policy (DMCA + EU Rules)

This policy applies to:

  • Copyright owners
  • Authorized agents
  • Users who upload or submit content
  • Requests from within the U.S., EU, and all international jurisdictions

It covers:

  • DMCA takedown notices
  • EU “Notice-and-Action” submissions
  • Counter-notices
  • Repeat infringer actions
  • Safe harbor protections

Disousa does not pre-screen content but will act expeditiously once aware of allegedly infringing material, in accordance with both U.S. and EU law.

Submitting a Valid Copyright Notice (U.S. DMCA Requirements)

If you believe your copyright has been infringed on Disousa Blog, your notification MUST include:

  1. Your full name, address, email, and telephone number
  2. Identification of the copyrighted work
  3. Exact URL(s) on https://disousa.com/ containing the infringing material
  4. A good-faith statement:
    “I have a good-faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law.”
  5. Statement under penalty of perjury:
    “The information in this notice is accurate, and I am the copyright owner or authorized to act on behalf of the copyright owner.”
  6. Your physical or electronic signature

Notices missing required elements may be rejected.

Submitting an EU Copyright Notice (EU “Notice-and-Action” Requirements)

Under EU law (DSM Directive + E-Commerce Directive), a copyright notice must include:

  • Name and contact details of the notifier
  • Sufficiently precise details to identify the allegedly illegal content (including URL)
  • Explanation of why the content is illegal
  • A statement confirming good-faith belief in the accuracy of the notice

We will act “expeditiously” after receiving a valid notice (EU requirement).

What Happens After a Notice Is Received (U.S. + EU Process)

Disousa will:

  1. Acknowledge receipt (if possible)
  2. Review the claim for validity
  3. Temporarily block, disable, or remove the content
  4. Notify the uploader/user
  5. Provide them a copy of the original complaint
  6. Offer instructions for submitting a counter-notice

Under EU law:

  • If the notice is “manifestly unfounded,” we may reject it.
  • We maintain transparency for actions taken.

Counter-Notice Procedure (U.S. DMCA Compliance)

If you believe your content was removed incorrectly, send a counter-notice including:

  1. Your name, address, phone, email
  2. URL of the material before removal
  3. A statement under penalty of perjury:
    “I have a good-faith belief that the content was removed or disabled due to mistake or misidentification.”
  4. Your consent to U.S. federal court jurisdiction (required by DMCA):
    “I consent to the jurisdiction of the Federal District Court for the district where my address is located, or if outside the U.S., the jurisdiction of any district in which Disousa Blog may be found, and I will accept service of process from the original complainant.”
  5. Your signature

We will forward your counter-notice to the complainant and may restore the content within 10–14 business days unless the complainant files legal action.

EU Objection Procedure (“Counter-Notice” Equivalent)

EU law does not require the U.S.-specific court consent language.
However, your EU counter-notice should include:

  • Your identity and contact information
  • Explanation why removal was incorrect
  • URL(s) of removed content
  • A good-faith statement affirming accuracy

We will review your objection and may restore the content if appropriate.

Repeat Infringer Policy (DMCA + EU Safe Harbor)

To maintain safe harbor protection under both U.S. and EU laws, Disousa enforces a strict repeat infringer policy, including:

  • Termination or restriction of user accounts
  • Blocking repeat offenders’ IPs, accounts, or submissions
  • Logging DMCA/EU copyright violations over time
  • Suspension of upload privileges

If multiple valid notices are received for a user, Disousa may permanently remove their ability to post or contribute content.

Safe Harbor Protections (DMCA + EU)

Disousa claims safe harbor protection by meeting all conditions under:

U.S. DMCA § 512

  • No actual knowledge of infringement prior to notice
  • No financial benefit from infringing activity we control
  • Expeditious removal upon notice
  • Published agent designation
  • Repeat infringer policy

EU Law (E-Commerce + DSM Directive)

  • No general obligation to monitor content
  • Immediate action on notice
  • Preservation of user rights
  • Transparency about enforcement actions

Disousa does not pre-monitor user content, consistent with EU law.

GDPR Compliance for Copyright Notices (Mandatory in EU)

Submitting a notice or counter-notice requires processing personal data. Under GDPR:

What data we collect:

  • Name
  • Email
  • Address
  • Telephone number
  • Signature
  • Statements provided in notices

Why we collect it:

  • To verify claims
  • To contact relevant parties
  • To maintain legal records
  • To comply with safe harbor requirements

Legal basis for processing:

  • Legitimate interest (Art. 6(1)(f) GDPR)
  • Legal obligation (Art. 6(1)(c) GDPR)

Data retention:

DMCA/EU notices are retained for 5 years for legal compliance.

Your GDPR rights:

You may request:

  • Access
  • Correction
  • Restriction
  • Deletion (where legally permitted)

Email: disousamail@gmail.com

Record Retention

Disousa retains:

  • Original copyright notices
  • Counter-notices
  • Related communications
  • Logs of removals and reinstatements
  • Repeat-infringer tracking records

Retention period: 5 years (minimum).

Indemnification

By using Disousa or submitting copyright-related notices, you agree to:

Indemnify and hold harmless Disousa Blog, its owners, operators, staff, and agents from claims, losses, liabilities, or legal actions arising from:

  • False or misleading notices
  • Misrepresentations
  • Mistaken takedowns
  • Disputes over restored or removed content
  • Violations of this policy

This clause does not limit legal rights under applicable law.

Severability

If any provision of this policy is found invalid, unlawful, or unenforceable, the remaining sections will continue in full effect. Invalid provisions will be interpreted or modified to comply with applicable law.

Governing Law

This policy is governed by:

  • DMCA (United States law) for claims involving U.S. rights
  • EU law, including the DSM Directive and E-Commerce Directive
  • Czech law, specifically Act No. 121/2000 Coll. (Czech Copyright Act), for local matters

Users agree to submit to appropriate jurisdiction depending on their region and applicable law.

Revisions to This Policy

We may update this policy at any time. Changes will be reflected by: