DMCA & Global Copyright Protection Policy Infocus Media Network (Owned & Operated by Xperiserv Technologies) Effective Date: December 2025 Website:https://infocus.xperiserv.in Email:[email protected]
1. Introduction Infocus Media Network (“we,” “our,” or “us”) is a digital information and media platform owned and operated by Xperiserv Technologies, based in India. We fully recognize and uphold the intellectual property rights of individuals, creators, artists, and organizations worldwide. This DMCA & Global Copyright Protection Policy outlines our procedures for handling claims of copyright infringement under the laws of India, United States, and applicable international conventions.
2. Our Legal Compliance Framework Our copyright compliance framework adheres to the following national and international laws: A. Indian Copyright and Digital Protection Laws The Copyright Act, 1957 (as amended in 2012) Primary legislation governing copyright in India. Protects literary, artistic, musical, dramatic, cinematographic, and computer software works. Incorporates provisions on digital rights management and moral rights. Amended in 2012 to comply with WIPO Internet Treaties. The Information Technology Act, 2000 Provides the legal basis for electronic records and intermediary liability. Defines responsibilities for online service providers and digital platforms. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 Establishes obligations for digital intermediaries to act on takedown requests within specific timelines. Mandates appointment of a Grievance Officer and sets a 36-hour response requirement. The Indian Penal Code, 1860 (IPC) Sections 420, 499, and 500 may apply to cases of fraud, defamation, or misrepresentation in copyright matters. The Indian Evidence Act, 1872 (Section 65B) Governs admissibility of electronic evidence in copyright disputes. The Trade Marks Act, 1999(for trademark-related IP issues) Protects logos, names, and other distinctive marks from unauthorized use.
B. United States Copyright and Digital Protection Laws Digital Millennium Copyright Act (DMCA), 1998 (17 U.S.C. §512) Provides a “safe harbor” for online service providers if they act expeditiously to remove infringing content upon notification. Establishes procedures for “takedown notices” and “counter-notices.” The Copyright Act of 1976 (17 U.S.C. §§ 101–810) Core U.S. copyright legislation protecting original works of authorship. The Sonny Bono Copyright Term Extension Act, 1998 Extends copyright protection to the life of the author plus 70 years. The No Electronic Theft (NET) Act, 1997 Criminalizes the reproduction or distribution of copyrighted works, even without commercial gain. The Digital Performance Right in Sound Recordings Act, 1995 Grants exclusive rights to digital audio transmission of sound recordings. The Fair Use Doctrine (17 U.S.C. §107) Allows limited use of copyrighted material without permission for commentary, news, education, research, or parody.
C. International Treaties and Conventions Infocus Media Network also aligns its copyright practices with the following international treaties and frameworks, ensuring global compliance: The Berne Convention for the Protection of Literary and Artistic Works (1886) Mandates automatic copyright protection without registration in all member countries. The Universal Copyright Convention (UCC, 1952) Provides a supplementary copyright protection framework under UNESCO. The WIPO Copyright Treaty (WCT, 1996) Focuses on digital rights, including internet transmission and distribution of copyrighted works. The WIPO Performances and Phonograms Treaty (WPPT, 1996) Protects the rights of performers and producers of sound recordings. The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), 1995 Under the World Trade Organization (WTO), mandates member countries to enforce minimum IP standards. The Rome Convention (1961) Protects the rights of performers, producers of phonograms, and broadcasting organizations. The Marrakesh Treaty (2013) Ensures access to published works for persons with visual or print disabilities. The Beijing Treaty on Audiovisual Performances (2012) Protects performers’ rights in audiovisual works, such as films and digital videos.
3. What to Consider Before Submitting a Copyright Complaint Before filing a copyright claim with Infocus Media Network, please ensure that: You are the rightful copyright holder or an authorized representative. The content in question is not covered under “fair dealing” (Section 52 of the Indian Copyright Act) or “fair use” (U.S. 17 U.S.C. §107). The material is not part of the public domain or used under an open license. You have a good-faith belief that the use of the material is unauthorized. You understand that submitting false or misleading claims may attract penalties under: Section 65A & 65B of the Indian Copyright Act (DRM violations) Section 66D of the IT Act, 2000 (Fraud) Section 512(f) of the U.S. DMCA (Misrepresentation)
4. Submitting a DMCA / Copyright Infringement Notice Please include the following details in your infringement notice: Your full name, address, contact number, and email. A clear identification or description of the copyrighted material. The exact URL or location of the allegedly infringing content. A statement declaring your good-faith belief that the use is not authorized. A statement, under penalty of perjury, confirming accuracy and authorization to act. Your physical or electronic signature. Submit notices to: DMCA Agent / Grievance Officer 📧 Email: [email protected] 🏢 Xperiserv Technologies, Cuttack, Odisha, India We will acknowledge your complaint within 36 hours and act within 15 days, in compliance with IT Rules, 2021.
5. Counter-Notification Procedure If your content has been removed or disabled and you believe this was in error: Provide a counter-notification with your signature, full contact details, and explanation. Identify the content and its previous location. Declare under penalty of perjury that the takedown was mistaken. Consent to the jurisdiction of Indian courts or relevant jurisdiction under DMCA. We will forward your counter-notice to the complainant and may restore the content within 10–14 business days, unless legal action is initiated.
6. Enforcement and Liability Infocus Media Network reserves the right to suspend or terminate accounts of repeat infringers. We act as a digital intermediary under Section 79 of the IT Act, 2000, maintaining conditional safe harbor for user-generated content. Non-compliance with valid copyright notices may lead to removal of content or reporting to authorities.
7. Reporting Copyright Infringement (India & International) All complaints should be sent to: Legal & Compliance Division Xperiserv Technologies 📧 [email protected] 🌐 https://infocus.xperiserv.in We will coordinate with national and international copyright offices or associations (such as WIPO or the U.S. Copyright Office) if required.
8. Applicable Laws and Jurisdiction This policy shall be governed by: Indian Law: The Copyright Act, 1957 & The IT Act, 2000 U.S. Law: The Digital Millennium Copyright Act, 1998 International Treaties: WIPO & WTO-administered conventions All disputes shall be subject to the jurisdiction of courts located in Cuttack , Odisha, India.
9. Changes and Amendments We may update this policy periodically to reflect legislative changes or new compliance requirements. The most current version will always be available at https://infocus.xperiserv.in/dmca
10. Disclaimer This policy serves as a legal compliance framework but does not constitute legal advice. Users, creators, and rightsholders should seek professional counsel for specific disputes or enforcement actions.
