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DMCA Policy

DMCA Policy

The Robert Smigel Podcast ("we", "us", or "our") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Robert Smigel Podcast service and/or website (the "Site") if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

Filing a DMCA Notice

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Robert Smigel Podcast Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.

  1. Identify the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is 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., URL of the page containing the material).
  3. Provide your full legal name, mailing address, telephone number, and, if available, an email address at which you may be contacted.
  4. Include both of the following statements in the body of the Notice:
    "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your electronic or physical signature (typing your full legal name is sufficient for an electronic signature).

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Designated Copyright Agent:
Robert Smigel Podcast Legal
Email: [Insert Designated Agent Email Here, e.g., dmca@robertsmigelpodcast.com]

Filing a DMCA Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notification containing the following information to our Copyright Agent:

  • 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.
  • 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 a misidentification of the material.
  • Your name, address, telephone number, and, if available, an email address.
  • A statement that you consent to the jurisdiction of the federal district court in which your address is located, or if your address is outside of the U.S., for any judicial district in which the Robert Smigel Podcast may be found, and that you will accept service of process from the person who provided the initial DMCA notification or an agent of such person.
  • Your electronic or physical signature (typing your full legal name is sufficient for an electronic signature).

If a counter-notification is received by our Copyright Agent, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at our sole discretion.

For any questions regarding this DMCA Policy, please visit our contact page.