1. Introduction
nitimusic.pro ("we", "us", "our") respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), EU Directive 2019/790 on Copyright and Related Rights in the Digital Single Market ("DSM Directive"), and all applicable national copyright laws including those of EU Member States.
This policy explains how to submit a copyright infringement notice, how we process such notices, what rights the alleged infringer has to submit a counter-notice, and how we handle repeat infringers.
If you believe that content available on or through the Platform infringes your copyright or the copyright of someone you are authorised to represent, please follow the procedure set out below.
2. What Is a DMCA / EU Copyright Notice?
A DMCA notice (also known as a "takedown notice") is a formal legal claim alleging that specific material on an online platform infringes your copyright. Under the DMCA safe harbour provisions (17 U.S.C. § 512(c)), online service providers are protected from copyright liability if they promptly remove or disable access to allegedly infringing material upon receiving a valid notice.
Under EU law, Article 17 of the DSM Directive (implemented in EU Member States) imposes similar obligations on content-sharing platforms. Where applicable, we also comply with national implementations of the DSM Directive, including the UrhDaG (Germany), Loi HADOPI (France), and equivalent legislation.
Submitting a false or bad-faith infringement notice may expose you to civil and/or criminal liability under 17 U.S.C. § 512(f) (USA) and equivalent provisions in EU law. Please ensure your claim is accurate and in good faith before submitting.
3. Requirements for a Valid Takedown Notice
To be valid under both the DMCA and EU law, your written notice must include ALL of the following elements:
- A physical or electronic signature of the person authorised to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notice, a representative list is acceptable.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material on the Platform (e.g. direct URL, video title, timestamp).
- Your contact information: full legal name, mailing address, telephone number, and email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised 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 you are the copyright owner or are authorised to act on the copyright owner's behalf.
- The jurisdiction whose copyright law you are asserting (DMCA / EU Member State law / both).
Notices that do not contain all required elements may be rejected or returned for clarification and will not trigger our takedown procedure until they are complete.
4. Where and How to Submit a Notice
All DMCA and EU copyright takedown notices must be submitted in writing to our designated copyright agent at:
Role: Designated Copyright Agent
Platform: nitimusic.pro
Email: legal@nitimusic.pro
Subject line: DMCA / EU Copyright Notice
You may also submit a notice through the copyright report form at nitimusic.pro/report, which will guide you through the required fields.
For your protection and ours, we strongly recommend submitting via email with a subject line clearly marked "DMCA Notice" or "EU Copyright Notice" so it is routed to our legal team immediately.
5. How We Process Notices
Upon receipt of a complete, valid notice, we will:
- Acknowledge receipt within 3 business days.
- Review the notice and, if valid, remove or disable access to the allegedly infringing content expeditiously (typically within 10 business days).
- Notify the user who posted the content that it has been removed or disabled, and provide a copy of the takedown notice (with your personal contact information redacted to the extent reasonably practicable).
- Record the notice in our repeat infringer tracking system.
We are not required to, and typically will not, adjudicate claims of copyright ownership. We act as a neutral intermediary. If the content is restored pursuant to a valid counter-notice, we bear no liability for such restoration.
6. Counter-Notice Procedure
If you believe that content you posted was removed or disabled by mistake or misidentification, you may submit a counter-notice. A valid counter-notice must contain ALL of the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or disabled and its former location on the Platform.
- 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.
- Your full name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, for EU residents, the competent court of your Member State of residence), and that you will accept service of process from the person who submitted the original takedown notice.
Send counter-notices to our designated copyright agent at legal@nitimusic.pro with subject "DMCA Counter-Notice" or "EU Copyright Counter-Notice".
Upon receipt of a valid counter-notice, we will forward it to the original complainant. If the complainant does not notify us that they have filed a court action within 10–14 business days (DMCA) or the applicable EU period, we may restore the removed content at our discretion.
Submitting a false counter-notice may result in civil and/or criminal liability.
7. Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i)(1)(A) and the DSM Directive, nitimusic.pro maintains a strict repeat infringer policy. We will terminate, in appropriate circumstances, the accounts of users who are found to be repeat infringers.
A user may be classified as a repeat infringer if they are the subject of two or more valid, uncontested DMCA or EU copyright notices within any 12-month rolling period, or if a court of competent jurisdiction finds that the user has infringed copyright.
Determinations under this policy are made in our sole discretion, taking into account the totality of circumstances including whether valid counter-notices were filed and the outcome of any dispute proceedings.
8. EU DSM Directive — Article 17 Compliance
To the extent that nitimusic.pro is classified as an "online content-sharing service provider" under Article 2(6) of Directive 2019/790/EU, we comply with the obligations set out in Article 17, including:
- Making best efforts to obtain authorisation from rights holders for content uploaded by users.
- In the absence of authorisation, making best efforts to ensure the unavailability of specific works identified by rights holders through notice-and-takedown procedures.
- Acting expeditiously upon receipt of a sufficiently substantiated notice from rights holders to disable access to or remove notified content, and making best efforts to prevent future uploads of such content.
- Providing users with an effective and expeditious complaint and redress mechanism.
- Ensuring that authorisation agreements concluded with rights holders also benefit users acting in a non-commercial capacity.
Users retain the rights to upload content for purposes of quotation, criticism, review, caricature, parody, or pastiche, as guaranteed under Article 17(7) of the DSM Directive.
EU users whose content is wrongfully blocked or removed may submit a complaint via the counter-notice process above, or escalate to the relevant national supervisory authority or out-of-court dispute settlement body as required by Article 17(9).
9. EU Online Dispute Resolution
In accordance with EU Regulation No. 524/2013, EU consumers have access to the European Commission's Online Dispute Resolution (ODR) platform for the out-of-court resolution of copyright and other disputes arising from online contracts.
The ODR platform is accessible at: https://ec.europa.eu/consumers/odr
Our designated contact email for ODR purposes is legal@nitimusic.pro.
10. Good Faith & Abuse
This notice-and-takedown mechanism is intended solely for the reporting of genuine copyright infringement. Submitting false, misleading, or malicious claims in order to suppress content you dislike, harm a competitor, or for any purpose other than the legitimate enforcement of copyright is strictly prohibited.
We reserve the right to: (a) disregard and record notices we reasonably believe to be submitted in bad faith; (b) report abusive notices to relevant law enforcement or regulatory authorities; (c) pursue legal remedies against persons who submit knowingly false notices.
11. Changes to This Policy
We may update this policy from time to time. Material changes will be posted on this page with a revised effective date. Where required by law, we will provide additional notice (e.g. by email). Continued use of the Platform after such notice constitutes acceptance of the revised policy.
12. Contact
For all copyright-related enquiries, takedown notices, counter-notices, and legal correspondence:
Email: legal@nitimusic.pro
Subject line: "DMCA Notice", "EU Copyright Notice", or "Copyright Counter-Notice" as appropriate.
We aim to acknowledge all valid notices within 3 business days and to resolve them within 10 business days.
This policy is designed to comply with the Digital Millennium Copyright Act (17 U.S.C. § 512), EU Directive 2019/790/EU on Copyright and Related Rights in the Digital Single Market (DSM Directive), EU Regulation 524/2013 on Online Dispute Resolution, and applicable national copyright laws of EU Member States. Nothing herein limits the statutory rights of EU consumers or rights holders under mandatory applicable law.