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I got a DMCA Takedown Notice- What happens next?

What happens when my resource is removed from Amped Up Learning for Intellectual Property Infringement under the DMCA process?

Here are the steps that Amped Up Learning takes if your product is found to contain anything that is seen as Intellectual Property Infringement. 

  • We will email you and give you notice about the Intellectual Property Infringement and then remove the resource. 
  • If you believe that this intellectual property infringement is incorrect you can email us (gregg@ampeduplearning) to file a counter-notice. 
  • If within 5 business days you haven't filed a counter-notice, Amped Up Learning will provide refunds to customers who purchased your resource a year prior to the removal date. We will provide the refunds to the customers who purchased the product because they lose acces to the product when it is removed.  
  • After the 5 business days if we haven't received a counter-notice, Amped Up Learning will give you notice (via email) of the total amount of the refunds that have been processed. 
  • Your earnings from those refunded purchases will be deducted from your current or future earnings, they will not be taken directly from your Paypal account or other bank account.  We will only deduct from your current monthly or future monthly earnings. Amped Up Learning will continue to withhold earning until the total amount of the refunds have been covered. 

I don't agree with the intellectual property infringement claim...What can I do?

If you’ve received a DMCA Takedown Notice from us about one or more of your resources and your resource is not actually infringing on that Rightsholder’s intellectual property rights, you can dispute the claim by submitting a Counter-Notice through email to gregg@ampeduplearning.com

A Counter-Notice is a legal claim you make under penalty of perjury that your resource is not infringing on the Rightsholder’s intellectual property. It’s important to be aware that by sending a Counter-Notice, the next step for a Rightsholder can be to file a lawsuit to resolve the dispute. You should be prepared for this possibility if you choose to file a Counter-Notice. 

This counter-notice must be filed within 5 business days from receiving the DMCA takedown notice. 

Copyright Counter-Notice Process

If you’ve received a Notice of Copyright Infringement from us about one or more of your resources and you wish to dispute the claim, you can submit a Counter-Notice to our Designated Agent at gregg@ampeduplearning.com. A reply to the email we sent you works just fine. Your Counter-Notice needs to contain all of the following information:

  1. Identification of your material that has been removed, including a description of where the material appeared on the Amped Up Learning website before it was removed or disabled (a URL is best);

  2. Statement by you stating that, under penalty of perjury, you have a good faith belief that the material was removed as a result of a mistake or misidentification of the material in question;

  3. Your contact information, including full name, mailing address, telephone number, and email address;

  4. Statement by you stating that:

    1. you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Amped Up Learning is located, and

    2. that you will accept service of process from the person who provided notification of the alleged infringement;

  5. Your electronic or physical signature.

After You Submit Your Counter-Notice

If your notice includes all of the above information, we’ll forward it to the group/person who sent the original notice. Then they’ll have 10 days to EITHER

1. Let us know if they’ve initiated further action to legally protect their work. If so, we have to respect that and your material will remain blocked from the site.

2. If we don’t receive anything from them, we’ll put your resource back up at the end of that 10 day period.

I emailed a counter-notice, will my earnings still be deducted?

Maybe

Once Amped Up Learning has received your Counter-Notice, we send  it to the Rightsholder for review. They then have 10 days to review your counter-notice and respond. 

Take legal action against you (e.g., file a lawsuit against you) if they disagree with your Counter-Notice. Amped Up Learning will remove your resource from customer access and issue refunds.

       OR 

Not take any legal action against you. Amped Up Learning will then get your resource back on the marketplace, customers will still have access to it and no refunds will be issued.