OyList
Explore
Create
Social
DMCA Copyright Policy
OyList respects the intellectual property rights of others and expects our users to do the same. This Digital Millennium Copyright Act (DMCA) Policy outlines our procedures for addressing copyright infringement claims on our platform.
OyList operates under the safe harbor provisions of the DMCA (17 U.S.C. § 512), meaning we are not liable for user-uploaded content as long as we respond promptly to valid takedown notices.
Jurisdiction and Legal Compliance
Server Location: OyList's servers are located in the United States.
Applicable Law: Because our servers operate in the US, we comply with the Digital Millennium Copyright Act (DMCA) and benefit from its safe harbor provisions. However, we also respect and comply with international copyright laws, including:
  • UK: Copyright, Designs and Patents Act 1988
  • EU: Digital Single Market Directive and applicable copyright directives
  • International: Berne Convention for the Protection of Literary and Artistic Works
Why DMCA? The DMCA provides clear, established procedures recognized worldwide and offers important legal protections for both platforms and users. Copyright holders from any country may use our DMCA process to protect their rights.
What is the DMCA?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides a legal framework for copyright holders to request removal of infringing content from online platforms.
Under the DMCA:
  • Copyright holders can submit takedown notices to platforms hosting infringing content
  • Platforms must remove or disable access to the content upon receiving a valid notice
  • Users can submit counter-notices if they believe the content was removed in error
Filing a DMCA Takedown Notice
If you believe that content on OyList infringes your copyright, you may submit a DMCA takedown notice to our designated DMCA agent.
Requirements for a Valid DMCA Notice
Your notice must include all of the following information (17 U.S.C. § 512(c)(3)):
  1. Your contact information
    • Full legal name (individual or company)
    • Mailing address
    • Telephone number
    • Email address
  2. Identification of the copyrighted work
    • Describe the copyrighted work you claim has been infringed
    • If multiple works, provide a representative list
    • Provide registration information if the work is registered with a copyright office
  3. Identification of the infringing material
    • Provide the specific URL(s) of the infringing content on OyList
    • Describe where the infringing material is located (e.g., "Image #3 in the list titled 'Best Movies of 2024'")
  4. Statement of good faith belief
    • Include this statement: "I have a 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."
  5. Statement of accuracy
    • Include this statement: "The information in this notification is accurate, and under penalty of perjury, I am the copyright owner or authorized to act on behalf of the copyright owner."
  6. Physical or electronic signature
    • Sign the notice (electronic signatures are acceptable)
Where to Send DMCA Notices
DMCA Agent:
All DMCA notices must be submitted electronically via email.
What Happens After You Submit a Notice
  1. Acknowledgment: We will acknowledge receipt of your notice within 24 hours
  2. Review: We will review the notice for completeness and validity
  3. Action: If valid, we will remove or disable access to the allegedly infringing content within 72 hours
  4. Notification: We will notify the user who posted the content that it has been removed due to a DMCA claim
  5. Counter-Notice Option: The user will have the opportunity to file a counter-notice if they believe the content was removed in error
Incomplete or Invalid Notices
If your notice is incomplete or does not meet DMCA requirements, we will notify you and request the missing information. We will not take action until we receive a complete and valid notice.
Filing a DMCA Counter-Notice
If you believe that content you uploaded was removed in error or misidentification, you may file a counter-notice.
Requirements for a Valid Counter-Notice
Your counter-notice must include:
  1. Your contact information
    • Full legal name
    • Mailing address
    • Telephone number
    • Email address
  2. Identification of the removed material
    • URL where the material appeared before removal
    • Description of the material
  3. Statement under penalty of perjury
    • "I swear, 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. Consent to jurisdiction
    • "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or [specify district] if outside the United States), and I will accept service of process from the person who provided the original DMCA notice or an agent of such person."
  5. Physical or electronic signature
Where to Send Counter-Notices
Send counter-notices to the same DMCA agent contact:
What Happens After You Submit a Counter-Notice
  1. Review: We will review the counter-notice for completeness
  2. Forward to Complainant: We will send a copy of your counter-notice to the original complainant
  3. Waiting Period: The complainant has 10-14 business days to file a court action seeking a restraining order
  4. Restoration: If the complainant does not file a court action, we will restore the content within 10-14 business days
Repeat Infringer Policy
OyList has a zero-tolerance policy for repeat copyright infringers.
What Constitutes a Repeat Infringer
A user is considered a repeat infringer if:
  • They receive two or more valid DMCA takedown notices within a 12-month period
  • The notices are for different instances of infringement (not duplicates)
Consequences for Repeat Infringers
  • First offense: Content removed, user warned
  • Second offense: Content removed, user warned, account temporarily suspended (7 days)
  • Third offense: Permanent account termination and ban from the platform
Copyright Best Practices for Users
To avoid copyright infringement on OyList:
✅ DO:
  • Upload only content you created yourself
  • Use images, videos, or text that you have permission to use
  • Use content licensed under Creative Commons or similar open licenses (with proper attribution)
  • Use content that is in the public domain
  • Request permission from copyright holders before using their work
  • Use copyrighted material only when fair use applies (see below)
📖 Understanding Fair Use
Fair use (17 U.S.C. § 107) allows limited use of copyrighted material without permission for certain purposes.
Fair use may apply when:
  • Creating commentary, criticism, or reviews (e.g., "Top 10 Best Movies with Analysis")
  • Using images/screenshots to illustrate a point or discussion
  • Creating parody or satire
  • Using small portions for educational purposes
  • Creating transformative works that add new meaning or commentary
  • Using thumbnails or low-resolution images for identification
Four factors courts consider for fair use:
  1. Purpose - Is it transformative? Commercial vs. educational?
  2. Nature - Is the original creative or factual?
  3. Amount - How much of the original is used?
  4. Effect - Does it harm the market for the original?
Examples of likely fair use on OyList:
  • Using a movie poster thumbnail in a "Best Horror Movies" list with your commentary
  • Screenshot from a video game in a "Top Gaming Moments" list with critique
  • Album cover in a "Evolution of Rock Music" list with historical analysis
Important: Fair use is complex and context-dependent. When in doubt, seek legal advice or obtain permission.
❌ DON'T:
  • Upload entire copyrighted works without permission or fair use justification
  • Copy product descriptions or marketing materials verbatim from company websites
  • Use high-resolution professional photos when a thumbnail would suffice
  • Assume that "I found it on Google Images" means it's free to use
  • Use copyrighted material primarily for decoration without adding commentary or transformation
False or Fraudulent DMCA Notices
Filing a false or fraudulent DMCA notice is illegal and may result in:
  • Liability for damages (including attorney's fees) under 17 U.S.C. § 512(f)
  • Perjury charges for making false statements under penalty of perjury
  • Permanent ban from using OyList
We reserve the right to:
  • Ignore future notices from repeat false claimants
  • Pursue legal action against individuals or entities filing fraudulent notices
  • Publicly disclose information about false DMCA claims
International Copyright Claims
For Copyright Holders Outside the United States
Copyright holders from any country may file a DMCA notice with OyList:
  • UK copyright holders - Follow the DMCA procedures above; your rights under UK law are recognized
  • EU copyright holders - The DMCA process applies; we respect EU copyright directives
  • All other jurisdictions - We process notices under DMCA safe harbor while respecting your local copyright laws
You may reference international treaties (e.g., Berne Convention) in your notice, but the DMCA format and procedures must be followed.
For Users in Other Jurisdictions
  • The DMCA process applies regardless of where you are located
  • You may have additional rights under your local copyright laws (e.g., UK fair dealing, EU exceptions)
  • If you believe local law provides stronger protections, mention this in your counter-notice
Limitations and Disclaimers
What We Can Remove
  • User-uploaded images, videos, and media files
  • User-generated text, descriptions, and comments
  • Lists containing infringing content
What We Cannot Remove
  • Factual information (e.g., movie titles, release dates, cast lists)
  • Data obtained from licensed third-party APIs (e.g., movie databases, music APIs)
  • Links to external websites (we do not control external content)
Response Time
  • Acknowledgment: Within 24 hours
  • Removal: Within 72 hours of receiving a valid notice
  • Counter-notice restoration: 10-14 business days if no court action filed
Contact Information
DMCA Agent:
Response Time: We aim to respond to all DMCA inquiries within 24 hours.
All DMCA notices and counter-notices must be submitted electronically via email.
Note: Please use this contact ONLY for DMCA copyright claims. For other issues, contact [email protected].
Additional Resources
  • U.S. Copyright Office: https://www.copyright.gov/
  • DMCA Text (17 U.S.C. § 512): https://www.law.cornell.edu/uscode/text/17/512
  • Copyright Basics: https://www.copyright.gov/circs/circ01.pdf
Last published: January 2025
Copyright © 2025 OyList. All Rights Reserved.
Privacy
|
Terms
|
DMCA
|
Contact