← Back to Home

DMCA Policy

DMCA Policy

Only In America Podcast respects the intellectual property rights of others and is committed to complying with U.S. copyright law, including the Digital Millennium Copyright Act ("DMCA"). This policy outlines the procedures for copyright holders to notify us of alleged infringement on our website and for users to respond to such notices.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Only In America Podcast website or service, please notify our Copyright Agent as set forth in this policy. We will respond to valid DMCA notices in accordance with the law.

Filing a DMCA Copyright Infringement Notice

If you are a copyright owner or an agent thereof and believe that any content hosted on our site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be 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 Only In America Podcast to locate the material.
  4. Information reasonably sufficient to permit Only In America Podcast to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

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, you may send a counter-notification containing the following information to our Copyright Agent:

  • Your physical or electronic signature.
  • 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 misidentification of the material.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of the federal court in [Your Jurisdiction - e.g., the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which Only In America 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.

If a counter-notification is received by the Copyright Agent, Only In America Podcast may send a copy of the counter-notification to the original complaining party informing that person that Only In America Podcast may replace the removed material 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 material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at Only In America Podcast’s sole discretion.

For any questions regarding this DMCA Policy or to submit a notice, please use our Contact Page.