DMCA Takedown Notice

The Massachusetts Forms website is committed to respecting the intellectual property rights of others and we expect the same from the users of our site. We have adopted a policy that provides for the removal of material that infringes on the copyright of another. This action is in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you are encouraged to notify us through the procedures outlined below.

Submitting a DMCA Takedown Notice

To file a DMCA Takedown Notice, you must provide us with a written communication that includes substantially the following elements, as specified in Section 512(c)(3) of the DMCA:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyright 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.
  • 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 the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider 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.
  • 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.
  • 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.

Notices should be sent to our designated agent for copyright infringement notification at dmca@massachusettsform.com.

Upon Receipt of a DMCA Takedown Notice

Upon receiving a proper DMCA Takedown Notice, Massachusetts Forms will proceed to:

  • Remove or disable access to the infringing material.
  • Notify the content provider, member, or user that we have removed or disabled access to the material.
  • Take reasonable steps to promptly notify the alleged infringer of the action.

An alleged infringer has the right to provide a counter-notification under sections 512(g)(2) and (3) of the DMCA if they believe the claim of infringement is incorrect. Guidelines for submitting a counter-notification are provided below.

Submitting a Counter-Notice

If you have received a notification that your content has been removed due to infringement and you believe this is a mistake, you can file a counter-notice. A valid counter-notification must be a written communication that includes the following:

  • 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 access to it was 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 to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Massachusetts Form may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

Once a complete and proper counter-notification is received, Massachusetts Forms will, within a reasonable time, replace the removed material or cease disabling access to it, unless the original complaining party seeks a court order against the content provider accusing them of the infringement.

It’s important to understand that the DMCA process is a legal remedy for copyright infringement. The content of this page is for informational purposes only and should not be considered legal advice. For further information on copyright laws and advice on copyright infringement, professional legal counsel should be sought.