Otaku EX respects intellectual-property rights and expects its users to do the same. This policy explains how to report material that you believe infringes a United States copyright and how to submit a counter-notification if your material was removed or disabled by mistake.

This page is provided for general information and is not legal advice. You may wish to consult an attorney before submitting a notice or counter-notification.

Before Submitting a Complaint

Copyright law permits some uses without the copyright owner’s authorization, including uses that may qualify as fair use. Before submitting a complaint, consider whether the disputed use is authorized by the owner, an agent, a license, or applicable law. A disagreement, unfavorable review, trademark concern, privacy complaint, or objection to an idea is not necessarily copyright infringement.

How to Submit a DMCA Notice

Submit your notice through the Otaku EX Contact page. Enter DMCA Notice as the subject and include all of the following in the message:

  1. Your full legal name and a physical or electronic signature. For an electronic signature, you may type /s/ Your Full Legal Name.
  2. Identification of the copyrighted work claimed to have been infringed. If the notice covers multiple works at one online location, provide a representative list.
  3. Identification of the material you claim is infringing and information reasonably sufficient for us to locate it. Include the exact Otaku EX or forum URL for each item whenever possible.
  4. Your mailing address, telephone number, and email address.
  5. The following statement: “I have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.”
  6. The following statement: “I state under penalty of perjury that the information in this notice is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

A notice that omits required information may be delayed or may not be effective. We may contact you for clarification or additional information.

What Happens After a Notice

When Otaku EX receives a substantially complete notice, we may investigate and remove or disable access to the identified material. When appropriate, we may notify the person who posted the material and provide that person with a copy or summary of the complaint. We may also preserve relevant records and take action against repeat infringers, including account restrictions or termination when appropriate.

How to Submit a Counter-Notification

If material you posted was removed or disabled because of a copyright complaint and you believe that action resulted from a mistake or misidentification, you may submit a counter-notification through the Contact page. Enter DMCA Counter-Notification as the subject and include all of the following:

  1. Your full legal name and a physical or electronic signature. For an electronic signature, you may type /s/ Your Full Legal Name.
  2. Identification of the material that was removed or disabled and the location where it appeared before removal. Include the prior URL whenever possible.
  3. The following statement: “I state under penalty of perjury that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.”
  4. Your name, mailing address, telephone number, and email address.
  5. If your address is in the United States, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located. If your address is outside the United States, state that you consent to the jurisdiction of any Federal District Court in which Otaku EX may be found.
  6. A statement that you will accept service of process from the person who submitted the original notice or that person’s agent.

After a Counter-Notification

We may forward a valid counter-notification, including the contact information it contains, to the person who submitted the original complaint. Unless that person notifies us that they have filed a court action seeking to restrain the allegedly infringing activity, the DMCA generally permits restoration of the material between 10 and 14 business days after the counter-notification is forwarded. Restoration is not guaranteed when the material independently violates the Terms of Use, community guidelines, or another applicable rule.

Misrepresentations

Knowingly making a material misrepresentation that content is infringing, or that content was removed by mistake or misidentification, may result in liability under 17 U.S.C. § 512(f), including damages, costs, and attorneys’ fees. Submit notices and counter-notifications only when you understand and can truthfully make the required statements.

Privacy and Disclosure

Information submitted in a notice or counter-notification may be shared with the affected user, the complaining party, service providers, legal advisers, courts, law enforcement, or others when reasonably necessary to process the request, enforce rights, or comply with law. Do not include unrelated sensitive information. Our handling of personal information is also described in the Privacy Policy.

Other Intellectual-Property Concerns

The DMCA process is intended for copyright complaints. For trademark concerns, impersonation, privacy issues, or other disputes, use the Contact page with a subject that clearly identifies the type of request.

Additional Information

For official information about the notice-and-takedown process, counter-notifications, and Section 512, visit the U.S. Copyright Office Section 512 resources.