DMCA Copyright Policy – The Game Atlas

At The Game Atlas, we take intellectual property rights seriously and are committed to complying with the Digital Millennium Copyright Act (DMCA). As a digital platform that serves fans, creators, developers, and consumers of video game content, we understand the importance of protecting original works, whether they involve gameplay footage, music, images, or unique game designs.

This DMCA policy describes our procedures for addressing claims of copyright infringement in the context of video games, and it outlines the rights and responsibilities of both copyright holders and users. We aim to ensure that our services are not used for unauthorized distribution of copyrighted material while also providing a fair process for resolving disputes.

What Constitutes Copyright in the Context of Video Games

Video games are complex digital creations that may include numerous protected components such as:

• Game code and software mechanics
• Artwork, character design, and in-game animations
• Soundtracks, effects, and voice acting
• Game scripts, storylines, and dialogues
• Game trailers, promotional media, and screenshots
• User-generated content including mods, skins, and maps

Each of these elements may be protected under copyright law. Unauthorized use of such materials can result in legal claims, content takedowns, or further consequences. Whether you are uploading gameplay, reviewing titles, or using content for commentary, you are expected to respect the rights of original creators.

DMCA Takedown Procedure

If you are the copyright owner or are authorized to act on behalf of the owner, and you believe that content hosted on our platform infringes your copyright, you may submit a formal DMCA Takedown Notice. To be considered valid, your request must contain the following:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work that has allegedly been infringed. This could include the name of the game, description of the copyrighted content, or a reference to the original material.
• Description of the material claimed to be infringing and its location on our platform, such as a title, URL, or other identifying information.
• Your contact information, including name, address, phone number, and email.
• A good-faith statement that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Once we receive a valid takedown notice, we will remove or disable access to the allegedly infringing content and notify the affected user. That user then has the right to file a counter-notification if they believe the takedown was in error.

DMCA Counter-Notification Process

If you believe your content was wrongly removed due to a DMCA claim, you may file a counter-notification. This document must include:

• Your physical or electronic signature.
• Identification of the material that was removed and where it was located before removal.
• A good-faith statement under penalty of perjury that the content was removed due to a mistake or misidentification.
• Your name, address, phone number, and email address.
• A statement of consent to the jurisdiction of the appropriate court, and that you will accept service of process from the party who submitted the original takedown notice.

Upon receipt of a valid counter-notification, we will forward it to the complainant. If they do not initiate legal action within a legally specified timeframe (typically 10 to 14 business days), the content may be restored.

Repeat Infringer Policy

To ensure fair use and protect original content, we maintain a strict policy against repeat copyright infringement. Users who receive multiple DMCA takedown notices may be considered repeat infringers and may have their accounts limited, suspended, or permanently removed from our platform.

We reserve the right to determine what constitutes a repeat infringer and to take appropriate action in accordance with legal requirements and platform policy.

Fair Use in Video Game Content

Not all uses of copyrighted material are considered infringement. In some cases, the use of game-related content may fall under the doctrine of fair use. Examples may include:

• Critical reviews and commentary
• Educational or instructional videos
• Parody or transformative content
• Game tutorials and walkthroughs
• Livestreams with added narrative or critique

The determination of fair use depends on several factors:

• The purpose and character of the use, especially whether it is transformative
• The nature of the copyrighted work
• The amount and substantiality of the portion used
• The effect of the use on the potential market for the original work

While we respect fair use principles, we cannot make legal judgments for users. It is the user’s responsibility to determine whether their use qualifies as fair use. If you're unsure, consult with a legal professional before uploading or sharing content that contains copyrighted material.

User Responsibility and Content Standards

As a user of our platform, you are responsible for ensuring that any content you upload does not violate the rights of others. This includes, but is not limited to:

• Avoiding the use of copyrighted images, sounds, or gameplay footage without authorization
• Respecting the terms of service of the games you are referencing or streaming
• Giving credit to developers and content creators when appropriate
• Avoiding the use of bots or unauthorized software to extract or distribute game assets

We encourage all users to create original content, properly license music and media, and use game assets in ways that comply with the law and community standards.

Transparency and Communication

When a takedown request is received and processed, we aim to notify all relevant parties. The individual who submitted the content will be informed of the takedown and the reason for it, and the complainant will receive acknowledgment of the report. In some cases, we may share the complainant's contact details with the affected user to facilitate communication or legal resolution, as required by law.

We strive to handle DMCA cases quickly, fairly, and with minimal disruption to our users. However, repeated or abusive claims, including false or malicious takedown notices, may result in sanctions or legal consequences.

Content Moderation and Platform Integrity

We do not proactively monitor all user-submitted content, but we reserve the right to investigate reported infringements. If we receive a valid and complete DMCA complaint, we will follow the proper legal channels. We may also act independently to remove content that appears to violate intellectual property laws or our platform’s policies.

Users found engaging in infringement or repeat violations may face penalties ranging from temporary restrictions to permanent account bans, depending on the severity and frequency of the offense.

Updates to This Policy

We reserve the right to revise this DMCA policy at any time. As the video game industry evolves and legal interpretations shift, we may update our procedures or clarify our practices to better serve developers, content creators, and our user community. It is your responsibility to remain informed about current policies and practices.

Contact for DMCA Notices

To file a DMCA notice or counter-notice, please contact our designated copyright agent using the official contact form or mailing address provided in our legal documentation.

By using our platform, you agree to comply with this DMCA policy and acknowledge the importance of copyright protection in fostering creativity and innovation in the video game industry.