DMCA Guidelines

Digital Millennium Copyright Act Information

Copyright Claim Submission Form

If you are a rights holder or an agent of a rights holder, and you believe that any material transmitted or stored on our service infringes your copyrights, please submit your complaint using our web form.

What is the DMCA?

The DMCA and similar laws worldwide establish parameters for services like Amp, which transmit and host user-generated content, to address claims that content infringes someone’s copyrighted work.

Rights Holders (or those who act on their behalf) who believe their copyrighted work has been included in content on our service without their permission, can submit a notification of claimed infringement (i.e. “notification”) to us to have the allegedly infringing material removed from the website.

The Digital Millennium Copyright Act (DMCA) and similar laws allow individuals who receive certain types of notifications to dispute claims of alleged infringement (i.e. “counter-notification”) and rights holders may also retract their notifications (i.e. “retractions”).

Below, we explain Amp’s role in the DMCA process, what information must be contained in notifications, counter-notifications, and retractions, and how we handle these communications.

We expect notifications and counter-notifications to comply with the requirements in the DMCA and similar laws and we will consider any failure to comply. For example, we may not act on a notification of claimed infringement if a claimant fails to substantially comply with all the requirements listed below.

Below please see the information you’ll need to file a claim or counterclaims, as well as information on how Amp handles claims and counterclaims.

Amp’s Role

Amp does not have the authority or the ability to make legal judgments regarding allegations of copyright infringement. It is our policy to follow statutes and court rulings regarding use of our service and conduct of users. The DMCA and similar laws require that Amp act as a “go-between”, processing notifications of claimed infringement from rights holders and counter notifications from account holders and notifying the impacted parties. It’s the responsibility of the rights holder and the account holder to resolve the dispute.

In addition to facilitating this claim/dispute process, Amp is also responsible for:

  • Setting the requirements for what must be included in notifications and counter-notifications, consistent with the requirements of the DMCA and similar laws.
  • Keeping track of notifications directed to account holders, counter notifications from account holders, and any court orders regarding these disputes.
  • Adopting and reasonably implementing a policy that requires termination in appropriate circumstances of account holders who repeatedly engage in copyright infringement on Amp. We call this our Repeat Infringer Policy and it is discussed in detail below.

Who may file an infringement claim and how is it filed?

If you are a rights holder or an agent of a rights holder, and you believe that any material transmitted or stored on our service infringes your copyrights, please submit your complaint using our web form.

If you prefer to submit a report in writing, please may submit a written notification to Amp’s designated copyright agent via email at: copyright@onamp.com or mailing it to: Attention: Copyright Agent, Amazon Media Venture, Legal Department, P.O. Box 81226, Seattle, WA, 98108.

The written notification must contain all the information below:

  1. Today’s date
  2. Type of material you are reporting (e.g., Song, Audio clip, artwork)
  3. Information on where the infringing content can be or could be found.
  4. The specific material you are reporting
  5. The show/creator that infringed on your copyright
  6. Date and time of the alleged infringement (Please include the date and an accurate timestAmp or timeframe that identifies, in Pacific Standard Time, when the allegedly infringing activity occurred (e.g., 1/21/2021 at 4pm PST)
  7. Identification of the copyrighted work that was allegedly infringed
  8. Link that points directly to an authorized exAmple of the copyrighted work, if available (e.g., URL to your website where your work is displayed, or the copyright registration number (this is usually a twelve-character string that typically begins with a two or three letter prefix such as “PA” or “PAU”. Zeros should be inserted between the prefix and the numerical portion of the number so that the total number of characters is 12), or in the case of a trademark the trademark number assigned at registration
  9. Name of the rights holder (owner of the copyright: person or company)
  10. Information that allows Amp to contact you:
    1. Your full name
    2. Your organization, if applicable
    3. Your mailing address (Street, Unit#, City/Town, State, Zip or Postal Code, Country)
    4. Your phone number including the international code
    5. Your email address
  11. Verify these statements by including, and adding your name (as an electronic signature) to the following affidavit:

I {your full name as an electronic signature} wish to state that:

  • I have good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
  • This notification is accurate
  • Under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed

Finally, please note that copyright complainants have an obligation to preserve evidence of the alleged infringement. Amp generally forwards complete notifications of claimed infringement to the accused account holder to give them an opportunity to review the allegations of infringement and take appropriate action. Any notifications of claimed infringement that include false statements or knowing misrepresentations will be rejected if Amp becomes aware of them, and may subject the claimant who submitted the notification to liability, for example, pursuant to 17 U.S.C. § 512(f).

Amp’s actions when we receive a notification of claimed infringement

If we receive a complete notification from a rights holder or someone acting on their behalf claiming that content on the service infringes the rights holder’s copyrights, Amp will generally notify the account holder. At the same time, we will generally remove or disable access to the material. We may also disable a live-stream or suspend an account if the claimed infringement is continuing at the time we receive the right holder’s notification.

Who can file a counter-notification and how is it filed

If you are an Amp account holder and a notification of claimed infringement has been submitted against your content, we strongly encourage you to review the details we have provided and consider your options. If you believe that the notification – and any action Amp has taken as a result was sent due to a mistake or misidentification, then you may send us a counter-notification.

To send a counter-notification, whether responding to a notification directed to content live streamed or something else, please provide all of the following information.:

  1. Information (URL, show name, user name) of where the material that was subject to a notification of claimed infringement appeared before it was identified, removed or access to it was disabled
  2. Name of the claimant who submitted the notification
  3. Your Amp user name
  4. Your full legal name
  5. Your email address
  6. Your full mailing address (Street, Unit #, State, Zip/Postal Code, Country)
  7. Your phone number, including international code if applicable.
  8. Verify these statements by including and adding your name as an electronic signature to the following affidavit:

I {your full name as an electronic signature} wish to state that:

  • I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, the judicial district in which Amp may be found, and will accept service of process from the claimant.
  • I swear under penalty of perjury, that I have good faith belief that the material identified in the notification was identified, removed and /or disabled because of mistake or misidentification.

You may also include an explanation as to why you believe there was a mistake or misidentification. Counter-notifications that include all the information above should be sent to Amp via email at copyright@onamp.com or mailing it to: Attention: Copyright Agent, Amazon Media Venture, Legal Department, P.O. Box 81226, Seattle, WA, 98108.

Keep in mind that failure to provide all of the above information could result in Amp being unable to take action in response to your counter-notification.

Amp’s actions when we receive a counter-notification of claimed infringement

If Amp receives a complete counter-notification from an account holder, we generally notify the claimant who submitted the original notification. At the same time, we may restore content containing the claimed infringing material. Disputed notifications generally will not qualify for a strike under our Repeat Infringer Policy (discussed in more detail below), unless and until the dispute has been resolved by the account holder and the rights holder. Please note that Amp may not be able to reinstate certain material or access to it due to factors such as the passage of time or the format in which the material was broadcast or stored.

How to submit a retraction:

If you are an account holder who has received a notification of claimed infringement, you can request a retraction by reaching out to the rights holder or agent who sent the notification directly. Amp will honor retractions of notifications from the party that originally submitted the notification.

If you are a rights holder or agent who submitted a notification that you wish to retract, please email the following to copyright@onamp.com from the same email address as your original notification. We cannot process retractions that are sent from a different email address.

Please include the following:

  1. The date of your original notification, and if applicable the Claim ID you were provided. It will also speed up the process if you reply to the takedown confirmation email we sent
  2. The copyrighted work(s) allegedly infringed
  3. Information (URL, show name, user name) of where the allegedly infringing material that was subject to the original notification appeared
  4. An electronic or physical signature (typing your full legal name is sufficient)

Amp’s actions when we receive a retraction

If Amp receives a retraction from a rights holder or someone acting on their behalf, we may restore content containing the claimed infringing material and the disputed notification will not qualify for a strike under our Repeat Infringer Policy (discussed in more detail below). Please note that Amp may not be able to reinstate certain material or access to it due to factors such as the passage of time or the format in which the material was broadcast or stored.

Repeat Infringer Policy

We will terminate an account holder’s access to Amp, if that user is determined by Amp to be a “repeat infringer” of copyrighted works on the service – under our policy, a user will be considered a repeat infringer if they accrue three copyright strikes. Furthermore, we may in appropriate cases and at our sole discretion, limit access to the Amp service and/or terminate the account of any users who blatantly and egregiously infringe the intellectual property rights of others, whether or not repeat infringement has occurred. Amp will generally take an appropriate enforcement action when we receive a complete notification of infringement and where we do not receive a complete counter-notification regarding the alleged infringement or a retraction of the notification. Any enforcement taken are not permanent, but rather are associated with an account to allow Amp enough time to determine whether the account holder is engaging in repeated infringement such that a permanent ban is necessary under this policy.

When determining whether account holders are repeat infringers under this policy, we take into consideration complete notifications of claimed infringement from rights holders, complete counter-notifications from account holders, retractions from rights holders, and other relevant factors and circumstances. We may also ask the complainant and/or account holder for more information where we think it’s necessary to fairly apply our Repeat Infringer Policy.

If a relevant court rules that an account holder is an “infringer” or “repeat infringer” on Amp, we will take that ruling as conclusive under our Repeat Infringer Policy. To provide judicial determinations showing that an account holder is an infringer, or a repeat infringer, on the Amp service, please forward it Amp via email at copyright@onamp.com or mailing it to: Attention: Copyright Agent, Amazon Media Venture Legal Department, 410 Terry Ave. N., Seattle WA 98109 with “court ruling regarding infringer/repeat infringer” as a subject line. We will review the submission and may contact the complainant and/or account holder to verify the court ruling and understand its scope.

Share