DMCA Policy – Joystick Journal

This Digital Millennium Copyright Act ("DMCA") Policy applies to all services, platforms, and content provided by Joystick Journal, including websites, applications, and related services dedicated to the theme of video games. Our platform respects the intellectual property rights of others and expects our users, members, and partners to do the same. Any unauthorized use of copyrighted material in violation of applicable copyright laws may result in the removal of such content and, where appropriate, termination of user accounts.

1. Purpose of This Policy

This policy outlines our approach to receiving, reviewing, and acting on claims of copyright infringement related to video games, including but not limited to gameplay footage, screenshots, artwork, music, scripts, and any other content protected under copyright law. We are committed to complying with the DMCA and other applicable intellectual property laws while balancing the rights of creators, publishers, developers, and players.

2. Protected Works in the Video Games Context

Video game content includes a variety of elements, such as game code, visual assets, soundtracks, cutscenes, in-game artwork, branding, and storyline scripts. We recognize that developers and publishers hold the exclusive rights to reproduce, distribute, display, and create derivative works based on their creations. Any unauthorized reproduction, streaming, distribution, or commercial use of such content without proper authorization may infringe these rights.

3. Submitting a DMCA Notice

If you believe that your copyrighted material has been used or made available on our platform without authorization, you may submit a DMCA notice to us. The notice must include:

• Your full name, business or organization name (if applicable), mailing address, phone number, and email address.
• A detailed description of the copyrighted work you believe has been infringed.
• Identification of the location of the infringing material on our platform with sufficient detail for us to find and verify it.
• A statement that you have a good faith belief that the use of the material is not authorized by you, your agent, or the law.
• A statement, under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
• Your physical or electronic signature.

4. Review and Action

Upon receiving a valid DMCA notice, we will:

• Investigate the claim and review the allegedly infringing material.
• Temporarily disable access to the content while the investigation is ongoing.
• Notify the user who posted the material and give them an opportunity to respond with a counter-notice if they believe the claim is in error.

5. Counter-Notice Procedure

If you believe that your content was removed or disabled as a result of mistake or misidentification, you may send a counter-notice containing:

• Your name, mailing address, phone number, and email address.
• Identification of the content that has been removed and its original location before removal.
• A statement, under penalty of perjury, that you have a good faith belief the content was removed due to mistake or misidentification.
• A statement that you consent to the jurisdiction of the relevant courts for resolution of the matter.
• Your physical or electronic signature.

6. Repeat Infringers

Users who repeatedly post infringing material may have their accounts terminated, and further access to our platform may be permanently restricted. We maintain a record of DMCA notices and actions taken against infringing users.

7. Misuse of the DMCA Process

Filing a false DMCA notice or counter-notice may carry legal consequences. Individuals who knowingly make false claims may be liable for damages, legal fees, and other costs. We strongly advise that you seek legal guidance before submitting a notice or counter-notice.

8. Fair Use and Game-Related Content

We recognize that certain uses of copyrighted video game content may fall under "fair use" provisions, such as criticism, commentary, news reporting, education, or transformative works like fan art and parody. However, determining fair use can be complex, and it is the responsibility of the user to ensure that their content complies with applicable laws.

9. Updates to This Policy

We reserve the right to update or modify this DMCA policy at any time to reflect changes in the law, industry practices, or our operational procedures. Continued use of our services after any modifications will constitute your acknowledgment and acceptance of the updated policy.

10. Commitment to the Gaming Community

We aim to foster a safe, respectful, and creative space for gamers, developers, streamers, and content creators while ensuring that intellectual property rights are respected. Whether you create original titles, stream gameplay, design fan mods, or share reviews, we encourage creativity that aligns with legal guidelines and respects the hard work of all creators in the gaming industry.