DMCA / Copyright Policy

DMCA / Copyright Policy

Last updated: [Date]

Adiveda respects the intellectual-property rights of others and expects users of the Site to do the same. This page sets out how to notify us of suspected infringement of your copyright on adiveda.in (the “Site”), and the procedure we follow in response.

This policy is designed to comply with the safe-harbour and notice-and-takedown provisions of the United States Digital Millennium Copyright Act of 1998 (“DMCA”), Section 79 of India’s Information Technology Act, 2000 read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the EU Copyright Directive 2019/790, to the extent applicable.

1. When to file a notice

You may file a notice with us if all of the following are true:

  • You own (or are authorised to act on behalf of the owner of) an exclusive copyright that has been allegedly infringed;
  • You have a good-faith belief that the material in question is being used on the Site without permission of the rights-holder, an agent, or the law (for example, fair-use / fair-dealing);
  • The information you provide in your notice is accurate, and your statements about ownership and authority are made under penalty of perjury.

Please note that knowingly making a misrepresentation in a takedown notice may subject you to liability for damages, costs, and attorneys’ fees under Section 512(f) of the DMCA, the IT Act in India, and equivalent laws elsewhere. If you are not sure whether material on the Site infringes your copyright, you should consult an attorney before filing.

2. How to file a notice of infringement

Send a written notice to our Designated Copyright Agent (Section 5 below) that includes all of the following:

  1. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
  2. A clear identification of the copyrighted work claimed to have been infringed — for example, the title of the book, article, photograph, or illustration, the original publication date, and (if available) a copy of, or link to, the original.
  3. A clear identification of the material on adiveda.in that you claim is infringing, including the exact URL of the page where the material appears, and (if applicable) the specific paragraph, image filename, or timestamp.
  4. Your full legal name, postal address, telephone number, and email address.
  5. The following statement: “I 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.”
  6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I am the owner of, or authorised to act on behalf of, the owner of an exclusive right that is allegedly infringed.”

We may reject notices that are incomplete or that we reasonably believe to have been submitted in bad faith.

3. What happens after you file

On receipt of a valid notice we will, within a reasonable time and typically within thirty-six (36) hours of acknowledging your notice:

  • Remove or disable access to the allegedly infringing material on the Site;
  • Notify the user who submitted that material (if it was user-submitted), and forward a copy of your notice to them;
  • Inform you of the action we have taken.

If we believe the notice is invalid, we will explain why.

4. Counter-notice

If you are a user whose content has been removed from the Site under this policy and you believe the removal was a mistake or the result of misidentification, you may submit a counter-notice. Your counter-notice must include:

  1. Your physical or electronic signature;
  2. A clear identification of the material that was removed and the URL where it appeared before removal;
  3. A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification;
  4. Your full legal name, postal address, telephone number, and email address;
  5. A statement that you consent to the jurisdiction of the courts of [Your city, India] (or, if you live in the United States, the United States Federal District Court for the judicial district in which your address is located);
  6. A statement that you will accept service of process from the person who submitted the original notice or that person’s agent.

On receipt of a valid counter-notice we will forward a copy to the person who submitted the original notice. If, within ten (10) business days, that person does not notify us that they have filed an action seeking a court order to restrain the alleged infringement, we will restore the material in not less than ten and not more than fourteen business days.

5. Designated Copyright Agent

Designated Copyright Agent for Adiveda:

[Your name]
Copyright Agent, Adiveda
[Your registered business address, India]
Email: copyright@adiveda.in (or your usual contact email)

We strongly prefer email — postal notices may take longer to process.

6. Repeat infringers

In accordance with the DMCA and equivalent laws, we may, in appropriate circumstances and at our sole discretion, terminate the accounts and / or access of users we reasonably consider to be repeat infringers.

7. Trademarks and other rights

If your concern relates to a trademark, personality / image right, or other intellectual property rather than copyright, please write to copyright@adiveda.in with the same kind of detailed information described above, adapted to the right in question.

8. Privacy

Personal information you provide in a notice or counter-notice will be used to handle your complaint, comply with the law, and (in the case of counter-notices) to be forwarded to the original notifier. See our Privacy Policy for more.

9. Changes

We may update this policy from time to time. The “Last updated” date above tells you when it was last revised.