Rights Challenge - Notice of Infringement
Protecting copyright is a top priority at Filmhub. We only accept and distribute titles from people who hold the rights to them, and we give filmmakers and rights holders robust tools to manage their rights and territories. Even so, rights management is an often complicated area, and disputes come up from time to time.
This article explains what to do if you believe a title on Filmhub infringes on rights you own.
Who can file a claim
You can submit a Rights Challenge if you are the actual rights owner, or an authorized agent acting on the rights owner's behalf, of a copyright or trademark that a title on Filmhub infringes. We can only act on claims from someone with genuine standing to make them.
Before you file: consider getting legal advice
Intellectual property disputes can be more complex than they first appear. As with any legal matter, we strongly encourage you to consult an attorney before taking action that could affect your rights, and especially before submitting a formal claim. This article is informational only and isn't legal advice.
We also suggest, though do not require, that you first try to resolve the dispute informally with the other party. Many rights conflicts get sorted out faster that way than through a formal legal process.
Understanding the DMCA process
Formal Rights Challenges on Filmhub are handled under the Digital Millennium Copyright Act (DMCA). A few important things to know before you file:
- You're swearing to the facts under penalty of perjury. When you submit an Allegation of Infringement, you're making a sworn legal declaration. Knowingly including false statements is a federal crime, and it can also expose you to civil liability if the other party sues for damages.
- Incomplete submissions can't be processed. We can only accept Allegations of Infringement that include all information the DMCA requires, so it's worth reviewing the form carefully, ideally with an attorney's input, before you submit.
- The other party may respond with a Counter Notice. If the title's owner disputes your claim, they can file a Counter Notice. Filmhub is legally required to honor a valid Counter Notice.
- Filmhub doesn't judge the merits of the dispute. Our role under the DMCA is narrow: we check whether your Allegation of Infringement and any resulting Counter Notice meet the law's minimum formal requirements. We don't have the discretion to decide how it is resolved; that's a matter for the parties involved, and ultimately the courts, to resolve.
For more information, including references to the Digital Millennium Copyright Act (DMCA), please check out our Terms & Conditions.
How to File
To submit a rights challenge, please complete this form.