ToldYa and the DMCA

DMCA Takedown Policy

It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

We strongly suggest that you contact ToldYa by phone prior to filing a DMCA infringement claim. ToldYa respects record labels both major and indie and ensures that any owner of content will be compensated fairly for each digital ‘spin’ of their content. To be clear, as long as your infringement claim complies with the terms of the DMCA we will honor it, however we would much rather pay you than remove your content. Our goal is to generate income for Artists, Record Labels, Content Owners and Copyright owners compensated fairly and accurately.

Prior to filing a claim please review the link below which details a case whereby the content owner prevailed due to the content being used fairly. http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/

How to File an Infringement Complaint

To file an infringement claim please provide us with a document via fax, standard mail, or email that includes the following items:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of all such works.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Please provide us with at minimum a URL to each work that is claimed to be infringing. Note: Providing us with search terms such as "Artist A" or "Song B" will not be considered reasonably sufficient for us to locate the alleged infringing work. There may be 100 versions of "Song B", and you may only have the rights to request a takedown for one of those versions.
  6. 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.

For any complaints that reference more than 10 allegedly infringing works, please create a digital file such as an Excel spreadsheet (.xls) or text file (.csv, .txt, .dat) that contains items 1 and 2 from above for each allegedly infringing piece of work. You may either attach it to an email or send it on a compact disc via mail.

Please note that the notification sent to us will be forwarded to the user who provided the allegedly infringing content.

Physical Address:

DMCA Claims
ToldYa, Inc.
6300 1st Suite 201
Fort Lauderdale, FL 33334
Fax Number: 954-337-3130
Email Address: dmca@toldya.com

Counter Notification

The provider of an affected work may file a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification, please provide us with a document via fax, regular mail, or email that includes the following items:

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Physical Address:

DMCA Claims
ToldYa, Inc.
6300 1st Suite 201
Fort Lauderdale, FL 33334
Fax Number: 954-337-3130
Email Address: dmca@toldya.com

Once we receive your counter notification, we will forward it to the party who submitted the original claim of infringement. Please understand that your personal information will be included.

You consent to having your information forwarded in this way by submitting a counter notification.

After we send out the counter notification, the original claimant must notify us within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on ToldYa. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

PLEASE NOTE: THE INFORMATION PROVIDED IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE CONSIDERED LEGAL ADVICE.