DMCA Notice and Policy

Effective Date: October 17, 2026

1. Introduction and Scope

emotive.energy LLC (“emotive.energy,” the “Company,” “we,” “us,” or “our”) respects the intellectual property rights of creators, educators, researchers, practitioners, and other rights holders.

This Policy establishes procedures for reporting alleged copyright infringement involving material hosted on, stored through, or otherwise made available using services under our control.

It addresses:

  • Notices of claimed copyright infringement.
  • Removal or disabling of access to allegedly infringing material.
  • Counter-notifications concerning material removed by mistake or misidentification.
  • Restoration of eligible material.
  • Repeat copyright infringement by users and account holders.

These procedures are based on the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. § 512.

Our services may include educational courses, digital products, publications, research materials, audio and video recordings, professional resources, and content supplied by independent contributors.

Some content is developed by independent members, educators, consultants, researchers, or other professionals. Providing content through the Platform does not automatically transfer copyright ownership to the Company.

The statutory limitations on liability provided by the DMCA are available only where their applicable legal requirements are satisfied. Publication of this Policy alone does not establish eligibility for any particular protection.

This Policy should be read together with our:

2. Copyright Agent and Contact Information

Written notifications of claimed copyright infringement and counter-notifications should be directed to:

Copyright Compliance Department

emotive.energy LLC
1968 S. Coast Hwy, Suite 3310
Laguna Beach, CA 92651
United States

Email: admin@emotive.energy

Telephone: +1 (833) 366-8483

Website: https://emotive.energy

For efficient processing, please use the following email subject lines:

DMCA Copyright Infringement Notice

or

DMCA Counter-Notification

Notices may be delivered electronically or by postal mail.

A telephone call alone does not constitute the written notification required under the DMCA.

The Company maintains this contact to receive and administer copyright complaints.

Designation and registration of a copyright agent for purposes of applicable statutory safe-harbor protection are governed by 17 U.S.C. § 512(c)(2) and 37 C.F.R. § 201.38.

3. Submitting a Notice of Claimed Copyright Infringement

If you own a copyright, or are authorized to act on behalf of the owner of an exclusive copyright right, and believe that material available through a Company-controlled service infringes that right, you may submit a written notification.

To satisfy 17 U.S.C. § 512(c)(3), the notification must substantially include the following information.

3.1 Signature

A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right allegedly infringed.

3.2 Identification of the Copyrighted Work

Identification of the copyrighted work claimed to have been infringed.

If multiple copyrighted works at a single online site are covered by one notification, a representative list may be provided where permitted by law.

3.3 Identification of the Allegedly Infringing Material

Identification of the material claimed to be infringing or the subject of infringing activity, together with information reasonably sufficient for the Company to locate it.

Please provide, where available:

  • The specific webpage URL.
  • The title of the relevant course, program, product, or publication.
  • The location of the image, recording, document, or other material.
  • Additional information reasonably necessary to identify the material.

3.4 Contact Information

Information reasonably sufficient for the Company to contact the complaining party, such as:

  • Name.
  • Mailing address.
  • Telephone number.
  • Email address, if available.

3.5 Good-Faith Statement

A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

3.6 Accuracy and Authority Statement

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.7 Consideration of Lawful Uses

Before submitting a notification, the complaining party should consider whether the use may be authorized by a license, the copyright owner, fair use, or another applicable legal exception.

A disagreement with criticism, commentary, educational discussion, or other lawful activity does not, by itself, establish copyright infringement.

4. Response to Copyright Infringement Notices

When the Company receives a notification alleging copyright infringement, it reviews the information supplied and responds as appropriate under applicable law.

Where the statutory DMCA notice-and-takedown procedure applies, the Company acts expeditiously to remove or disable access to material identified in a substantially compliant notification, as required to satisfy the applicable statutory conditions.

Depending on the circumstances, the Company may:

  • Request additional information.
  • Remove or disable access to identified material.
  • Notify the affected user or contributor.
  • Review relevant licenses or permissions.
  • Consult with the person or organization responsible for the material.
  • Preserve relevant correspondence and records.
  • Take appropriate action concerning an account or contributor relationship.

Where a notification is incomplete but substantially identifies the copyrighted work, allegedly infringing material, and complaining party, the Company may contact the sender or take other reasonable steps to assist in obtaining a compliant notification, as contemplated by 17 U.S.C. § 512(c)(3)(B).

Where user-directed material is removed or disabled pursuant to the applicable DMCA procedure, the Company takes reasonable steps promptly to notify the affected user.

Removal or disabling of access does not necessarily constitute a final legal determination that infringement occurred.

The Company may also respond to credible infringement concerns under other applicable legal or contractual rights.

5. Submitting a DMCA Counter-Notification

If material you provided has been removed or disabled in response to a copyright complaint, and you believe the removal resulted from mistake or misidentification, you may submit a written counter-notification.

To satisfy 17 U.S.C. § 512(g)(3), a counter-notification must substantially include the following.

5.1 Signature

Your physical or electronic signature.

5.2 Identification of the Removed Material

Identification of the material removed or disabled and the location where it appeared before removal or disabling.

Please include the original URL or other information sufficient to identify the material.

5.3 Statement Under Penalty of Perjury

A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.

5.4 Contact Information and Consent to Jurisdiction

Your name, address, and telephone number, together with a statement that:

  • You consent to the jurisdiction of the United States Federal District Court for the judicial district in which your address is located; or, if your address is outside the United States, for any judicial district in which the Company may be found; and
  • You will accept service of process from the person who submitted the original infringement notification or that person’s agent.

An email address should also be provided where available to facilitate correspondence.

5.5 Submission

Send the counter-notification to the copyright contact listed in Section 2.

Use the subject:

DMCA Counter-Notification

A counter-notification is a formal legal communication. It includes statements made under penalty of perjury and consent to the applicable jurisdiction and service-of-process provisions.

Where the statutory procedure applies, the counter-notification will be forwarded to the original complaining party.

This may disclose your name and contact information to that party.

6. Restoration of Removed Material

Where the counter-notification procedure under 17 U.S.C. § 512(g) applies, and the Company receives a substantially compliant counter-notification, the Company will:

  1. Promptly provide a copy of the counter-notification to the person who submitted the original infringement notification.
  2. Inform that person that the removed material will be replaced, or access restored, in 10 business days.
  3. Replace the material or restore access no earlier than 10 business days and no later than 14 business days following receipt of the compliant counter-notification, unless the copyright agent first receives notice that the complaining party has filed an action seeking a court order to restrain the alleged infringement.

A statement that the complaining party disagrees with the counter-notification or intends to consider litigation does not, by itself, establish that the relevant court action has been filed.

Where the Company receives notice of a qualifying court action, it will address restoration according to the applicable legal requirements.

These provisions describe the statutory DMCA counter-notification procedure. They do not eliminate other independently applicable legal obligations or rights.

7. Repeat-Infringer Policy

In accordance with 17 U.S.C. § 512(i), the Company has adopted a policy providing for the termination, in appropriate circumstances, of subscribers and account holders who are repeat copyright infringers.

This Policy applies, as appropriate, to:

  • Customers and registered users.
  • Professional members.
  • Independent contributors.
  • Educators and facilitators.
  • Providers authorized to publish or distribute material through Company-controlled services.
  • Other relevant account holders.

The Company considers relevant circumstances when responding to infringement incidents, including the nature of the conduct, documented prior incidents, notices received, relevant disputes, and corrective action.

Appropriate measures may include:

  • Removal of infringing material.
  • Restrictions on publishing or uploading content.
  • Suspension of account privileges.
  • Termination of accounts or participation agreements.

The Company does not establish an automatic numerical threshold that treats every unverified allegation as a conclusive infringement finding.

Nevertheless, the Company will reasonably implement its repeat-infringer policy and terminate accounts in appropriate circumstances.

Where applicable, the Company also accommodates and does not interfere with standard technical measures within the meaning of 17 U.S.C. § 512(i).

8. Misrepresentation and Abuse of the DMCA Process

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for resulting damages, including applicable costs and attorneys’ fees.

Copyright complaints and counter-notifications must be submitted honestly and in good faith.

The Company may respond to misuse of its reporting procedures as permitted by applicable law.

Persons uncertain about their rights or the legal consequences of submitting a copyright notification should consider obtaining independent legal advice.

9. Intellectual Property Ownership and Independent Contributors

emotive.energy LLC respects the ownership rights of independent creators, members, practitioners, researchers, and other contributors.

As a general rule, an independent originator retains ownership of content they lawfully create unless an applicable written agreement or other legal arrangement provides otherwise.

Providing content through the Company’s Platform does not automatically transfer copyright ownership to the Company or establish collective ownership by other members.

The Company may receive licenses authorizing it to host, distribute, promote, sell, or otherwise make content available under applicable contributor agreements.

The Company owns intellectual property it has independently created or lawfully acquired through appropriate ownership arrangements.

Collaborative works, commissioned content, and Company-developed materials are governed by applicable agreements and copyright law.

Disputes concerning contractual ownership, licensing, compensation, or revenue sharing are not automatically resolved through the DMCA notification procedure.

Additional information is provided in our Intellectual Property and Trademark Policy.

10. Content Hosted by Independent Platforms

Some Company activities involve external services operated by third parties.

For example, the Company’s publication at:

https://connect.emotive.energy

is hosted through Substack.

Other services may host recordings, videos, communications, or additional digital content.

Such platforms may maintain their own copyright-reporting procedures, designated agents, and legal responsibilities.

Where allegedly infringing material is hosted independently rather than on systems controlled by emotive.energy LLC, a notification to the relevant external platform may also be necessary.

The Company may address concerns involving content that it publishes or controls through an external service, consistent with its rights and responsibilities.

11. Personal Information in Copyright Proceedings

Copyright notifications and counter-notifications may include personal information such as names, addresses, telephone numbers, email addresses, signatures, and allegations concerning particular materials.

The Company processes this information for purposes including:

  • Receiving and reviewing complaints.
  • Communicating with affected parties.
  • Administering takedown and counter-notification procedures.
  • Maintaining relevant records.
  • Complying with legal obligations.
  • Establishing or defending legal rights.

Where the statutory counter-notification procedure applies, the Company may be required to forward a counter-notification to the original complaining party.

Information may also be disclosed where required by applicable law or lawful legal process.

Additional information about personal-information processing is provided in our Privacy Policy.

12. Relationship to Other Policies and Legal Rights

This Policy supplements the Company’s Terms of Use, Intellectual Property and Trademark Policy, and applicable contributor agreements.

Nothing in this Policy:

  • Transfers ownership of copyrighted material.
  • Eliminates lawful copyright exceptions or defenses.
  • Creates an unrestricted right to publish third-party material.
  • Guarantees that material will remain available regardless of applicable law.
  • Establishes statutory safe-harbor eligibility without satisfaction of the relevant legal requirements.

The Company may exercise additional lawful rights and remedies where appropriate.

13. Changes to This Policy

The Company may revise this Policy to reflect changes in applicable law, Company services, or copyright-administration procedures.

The current version will be available at:

https://emotive.energy/dmca-notice-and-policy/

The effective date will be updated as appropriate.

14. Contact

For questions about copyright infringement, DMCA notices, counter-notifications, or this Policy, contact:

Copyright Compliance Department

emotive.energy LLC

1968 S. Coast Hwy, Suite 3310

Laguna Beach, CA 92651

United States

Email: admin@emotive.energy

Telephone: +1 (833) 366-8483

Website: https://emotive.energy

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