DMCA Notice & Takedown Procedure

Last Updated: April 16th, 2020

RedCircle respects the intellectual property of others and expects its users and podcast creators to do the same. RedCircle abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to published or hosted material that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the potentially infringing material so that they may choose to make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringing content published or hosted by RedCircle, please provide the following information by postal mail or email to the DMCA agent identified below:

  1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example the name and episode of the podcast that contains the material);
  3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  6. Your physical or electronic signature.

Then send the notice by postal mail or e-mail to:

DMCA Agent: Michael Kadin
RedCircle Technologies, Inc.
360 Pine St. Suite 700
San Francisco, California 94104
Email: dmca@getredcircle.com

RedCircle may request additional information before removing any allegedly infringing material. In the event RedCircle removes the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. RedCircle may also provide the responsible person with your email address so that the person may respond to your allegations.

Counter-Notification

If material of yours that was published or hosted by RedCircle has been taken down pursuant to a DMCA Notice of Infringing Material, you may file a counter-notification that contains the following details:

  1. 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 disabled (for example, the URL, or podcast name and episode);
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. 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 of the USA, for any judicial district in which RedCircle may be found and that you will accept service of process from the person who submitted a notice in compliance with section 512(c)(1)(C) of the DMCA, as generally described above;
  5. Your physical or electronic signature.

Then send the notice by postal mail or e-mail to:

DMCA Agent: Michael Kadin
RedCircle Technologies, Inc.
360 Pine St. Suite 700156 2nd Street
San Francisco, California 941045
Email: dmca@getredcircle.com

Repeat Infringers

It is RedCircle’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat copyright infringers or are repeatedly charged with infringement.