Sparkles reserves the right to remove content which infringes the intellectual property rights of other individuals and entities, including but not limited to copyright, in accordance with our Terms and Conditions.
Pursuant to the Digital Millenium Copyright Act (DMCA), Sparkles operates a notice and take down procedure for alleged infringement of intellectual property rights.
Part of the process permits for users who have had content removed on the basis of alleged copyright infringement to submit a counter-notice. Counter-notices are legal requests for Sparkles to reinstate content that has been removed for alleged copyright infringement.
Any content removed on the basis of trademark infringement or right of publicity infringement is outside of the scope of appeal through DMCA counter-notice procedure.
What are the criteria for eligibility to submit copyright counter-notices?
You are eligible to submit a copyright counter-notice if:
The original complainant alleges copyright infringement on the content in question;
You are the copyright owner or the legal representative of the copyright owner; and
The content was removed due to a mistake or misidentification of the material in question, including any dispute as to whether the material has been altered in a way amounting to “Fair Use.”
How do I submit a copyright counter-notice?
In order to submit a counter-notice, please ensure the following:
1. Ensure that you fulfil all of the legal requirements to permit you to do so.
A statement declaring that, under penalty of perjury, you have a good faith belief that the material was removed in error;
Your physical address, telephone number, or email address;
A statement declaring that you consent to the jurisdiction as specified within the jurisdiction of the federal district court for the district you reside, or if you are outside of the U.S. that you consent to the jurisdiction in which Sparkles is headquartered;
What should I expect after I submit a counter-notice?
Upon receipt of your counter-notice, Sparkles will review it for completeness and authenticity in accordance with the required criteria. If it meets these requirements, we will forward a copy to the original complainant. This will include any personal information included in the counter-notice.