Legal FAQ

Have you received a notice from Marketly? READ THIS!

This process is the fastest way to get assistance. After reading this, you will find a link for contacting us.

FAQs

Why did I receive a notice?

Marketly sends notices to Online Service Providers requesting removal of content that infringes on the copyright of content creators.   Our company and Online Service Providers manage this process under the guidelines of the Digital Millennium Copyright Act (DMCA).  To learn more about the law, check out the Wikipedia Article and full text of the DMCA on Copyright.gov.

What happens when I receive a notice?

The Online Service Provider will remove the infringing content and notify your account.  Here are the most common scenarios:
  • Search Engines like Google, the search engine will remove the content and notify your webmaster in their search console or the admin email account for the domain
  • Social media or blogging platforms will remove the infringing media, post or article.  
  • Internet Service Providers and Cloud Hosting services will remove the infringing media directly and notify the email on record with the account.
This is usually the end of the matter unless you are doing worse things like systematically or commercially abusing copyright.

What can I do if it was a mistake?

It is possible for copyright enforcers make mistakes even when acting in good faith.  That is what the DMCA counter notice process is for. Marketly prides itself on being a responsible enforcer.  We enforce on everything under a good faith belief that the content violates our customer’s copyright.   Despite enforcing on millions of infringements per year, Google reports on the Google Transparency Report that they act on 99.9% of our enforcements.  We respond quickly and thoroughly to all counter notices.
If you believe a notice was sent in error, your first step is to submit a counter notice through your online service provider’s process.
You may do this if you have rights to the content, or because you believe you have published the content under fair use.  Most rights holders want to be fair to their fans and consumers who are acting in good faith.  They have no patience for commercial pirates and chronic bad actors.
It is never advisable to submit a frivolous counter notice.
You are stating under penalty of perjury that you have a good faith belief that you have rights to the content or believe you have published it under fair use. After a counter notice, rights holders have the right to request your personal information pursue a frivolous counter notice in a court of law.  Online Service Providers may also determine that your account violates their terms of service and take additional action. Frivolous counter notices also create a lot of busywork for Online Service Providers that make it harder for small businesses and individuals with legitimate counter notices to get through the noise.
Please consider people who have real concerns before abusing this process.
Marketly responds quickly and thoroughly to all counter notices to ensure infringing content stays down and non-infringing content is re-instated in a reasonable timeframe.

When should I contact Marketly?

Contact Marketly if:
  1. The Online Service Provider is not responding to your counter notice and you need re-instatement urgently
  2. You wish to provide proof of copyright to back up your counter notice claim that you could not provide to the Online Service Provider
  3. You receive repeated, abusive notices from someone you suspect is pretending to be “Marketly”.  We authenticate with all the online service providers, but impostors do sometimes submit false claims.

When should I NOT contact Marketly?

Do NOT contact Marketly if:
  • The content was really infringing and you just to see if we’ll retract the notice.  (See above.)
  • You want to spear phish Marketly.  Very unoriginal.
  • You did not submit to the Online Service Provider yet
If you have done all this, click here: Notice Query