Intellectual Property & Compliance

DMCA & Copyright Policy

Last updated on

This Digital Millennium Copyright Act policy (“Policy”) applies to the newsmart.in website (“Website” or “Service”) and any of its related products and services (collectively, “Services”) and outlines how News Mart (“Operator”, “we”, “us” or “our”) addresses copyright infringement notifications and how you (“you” or “your”) may submit a copyright infringement complaint.

Protection of intellectual property is of utmost importance to us, and we ask our users, authors, and contributors to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998 (17 U.S.C. § 512) and applicable provisions of the Indian Copyright Act, 1957.

1. What to Consider Before Submitting a Copyright Complaint

Before submitting a copyright complaint to us, please consider whether the use constitutes Fair Use or Fair Dealing. Fair use permits brief excerpts of copyrighted material to be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without requiring permission from or payment to the copyright holder.

If you have considered fair use and still wish to proceed with a copyright complaint, you may also choose to reach out to the author or contributor in question to resolve the matter directly.

Legal Notice: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to legal liability and damages. If you are unsure whether the material is infringing, we encourage you to consult an attorney first.

2. Notifications of Infringement (Takedown Notice)

If you are a copyright owner or authorized agent thereof, and you believe that any material available on our Services infringes your copyright, you may submit a written copyright infringement notification (“Notification”) containing the following particulars:

  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works.
  • Identification of the allegedly infringing material on our website, including the exact URL(s).
  • Information reasonably sufficient to permit us to contact you, such as your full legal name, physical address, telephone number, and email address.
  • A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of the copyright owner or authorized representative.

Upon receiving a valid and complete Notification, our response may include removing or disabling access to the allegedly infringing material, and in appropriate circumstances, permanently terminating repeat infringers' accounts.

3. Counter-Notifications

A user or contributor who receives a copyright infringement Notification may submit a written counter-notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act.

If you receive a notification that your content was removed by mistake or misidentification, you may send us a counter-notification containing:

  • Your physical or electronic signature.
  • Identification of the material that was removed or to which access was disabled, and the location where it appeared before removal.
  • 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 name, address, telephone number, and consent to jurisdiction of the appropriate courts.

If a valid counter-notification is received, we may forward a copy to the original complaining party.

4. Changes and Amendments

We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will update the “Last updated” timestamp at the top of this document. Continued use of our Website following any revisions constitutes your acceptance of those changes.